“There is a constitutional problem with the Legislature giving away this much power to an unelected cabinet secretary,” Bradley said. “The people never consented to a single individual having that much power.”
Whether or not you think the order is a good idea or not, Americans have purposefully divided power in their government to prevent the concentration of power.
Think about how this power could be abused (if you don’t think it’s being abused already). Imagine that they declare smoking a health crisis and the Health Secretary orders anyone caught smoking (tobacco or Mary Jane) or vaping to be imprisoned. Or perhaps too much screen time is declared a health emergency so the government regulates your screen time from the ISP. Or having large groups of kids together spreads disease so a bureaucrat closes all public schools. I’m struggling to come up with a farcical example because I could see any of these things being done if we concentrate that much power in the hands of a few… or one.
We are a self-governing people and our Constitution was constructed precisely to prevent something like this. Separate, coequal powers; checks and balances; elected officials making laws; Rule of Law; etc… these are the roots to which we must return.