Comments by Brian Shilhavy
Editor, Health Impact News
Last week the Michigan Supreme Court struck down Governor Whitmer’s “legal” basis for practicing tyranny on the citizens of Michigan in the name of a “pandemic.”
Justice Stephen J. Markman, on behalf of the majority in a 4-3 majority that fell along party lines, wrote:
“We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic.
Furthermore, we conclude that the EPGA is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government– including its plenary police powers– and to allow the exercise of such powers indefinitely.
As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers.”
Whitmer had extended the “emergency orders” which had been in place since April, until near the end of October, and probably had every intention of extending them indefinitely.
A few days later, Michigan Attorney General Dana Nessel announced that she would no longer enforce the Governor’s edicts.
And while Nessel stated that her decision, as the highest law enforcement official in the State of Michigan, was not binding on other law enforcement agencies, several sheriffs throughout Michigan had already stated they would not enforce her edicts.
And The Detroit News reported that the Michigan Chiefs of Police Association was going to follow the Attorney General’s lead.
“If the attorney general says it’s over, then it’s over,” said Bob Stevenson, executive director of the association. (Source.)
But Governor Whitmer has decided she is still in charge and apparently above the law, as yesterday she issued new mask mandates and other mandates on public gatherings in a desperate attempt to remain in control of the public as their Tyrant in Chief.
The Daily Wire reports:
Democratic Michigan Gov. Gretchen Whitmer is moving forward with new health mandates despite a state Supreme Court ruling last week that struck down her extended emergency powers.
The Michigan Department of Health and Human Services (MDHHS) issued new orders on Monday to keep in place mask requirements, limits on public gatherings, and other health codes put in place by the governor’s administration during the coronavirus pandemic.
The fresh mandates come days after the Michigan Supreme Court ruled that Whitmer lacked the authority to continue to enforce emergency health codes for the pandemic. (Source.)
So the only thing now forcing people to obey the edicts of Whitmer, is the will of the people themselves.
To you U.S. Citizens living in Michigan, what are you going to do now? You now have the law on your side, and your Governor does not.
Will you continue to obey her as slaves, or stand up and exercise your freedoms?
The entire country is watching you now. Time to take off your masks, open up your businesses, congregate, and act as free people!
Late last week, the Supreme Court of Michigan — the state’s highest and final court — invalidated the pandemic executive orders of Gov. Gretchen Whitmer as well as the statute on which she based those orders. The opinion was a sweeping victory for personal liberty in a free society and was exceptionally gratifying for those of us who believe that the U.S. and state constitutions mean what they say.
Whitmer’s orders were the most draconian in the union, and numerous efforts to dislodge them in state courts had failed until three primary care physicians sued the governor in a federal court in Michigan. The federal judge to whom the case was assigned certified questions of law to the Michigan Supreme Court. This is a rarely used procedure that federal judges employ when they need to know how a state court of last resort will rule on a question of state law.
Under our federal system, the state court of last resort — not the U.S. Supreme Court — has the final say on the meaning of the state’s constitution and the laws written pursuant to it. The Michigan Supreme Court accepted the certification, meaning it agreed to inform the federal judge what the relevant clauses of the Michigan Constitution mean and whether the statute on which the governor relied is constitutional. In so doing, it ruled that the Michigan statute in question was unconstitutional and thus the governor’s executive orders are void.
Here is the backstory.
Whitmer made herself a one-woman government when she purported both to write the laws during the early days of the pandemic and to enforce them. She did so in a staggering series of executive orders issued in April and May.
Among other orders, Whitmer required residents to stay home unless their travel was immediately necessary to preserve human life, to wear face masks in all indoor and outdoor public places and to stay six feet away from all other people outside the home.
She closed all restaurants, food courts, cafes, coffeehouses, bars, taverns, brewpubs, breweries, distilleries, wineries, tasting rooms, clubs, hookah bars, cigar bars, vaping lounges, barbershops, hair salons, nail salons, tanning salons, tattoo parlors, schools, churches, theaters, cinemas, libraries, museums, gymnasiums, fitness centers, public swimming pools, recreation centers, indoor sports facilities, indoor exercise facilities, spas, casinos and racetracks.
She also closed arcades, bingo halls, bowling alleys, indoor climbing facilities, skating rinks and trampoline parks. She closed all places of employment not immediately necessary to sustain human life. She banned advertisements for nonessential goods and services. She prohibited visitors at hospitals, nursing facilities and jails. She shut down all veterinary facilities.
In short, the governor of Michigan made up her own laws, reordered human life, displaced nearly all livelihoods and trampled civil liberties on a scale not seen in America since the Civil War; although the governor’s orders in New Jersey are a close second.
The physicians who challenged Whitmer’s executive orders argued that under the U.S. Constitution’s Guarantee Clause, the states are required to have and employ a republican form of government (lowercase “r”). That means in all state governments there must be three separate branches of government — a legislature that writes the laws, an executive that enforces them and a judiciary that interprets them. This is known as the separation of powers.
When any governmental executive — a mayor, governor or president — takes, receives or exercises legislative power, that violates the separation of powers.
A violation of the separation of powers ordinarily renders the violating governmental behavior null and void. Stated differently, if the courts acted as a legislature or if the governor acted as a court or the legislature took command of the police, all acts done in those scenarios would be void. Were this not so, then nothing would prevent any one branch from relinquishing its powers to another or from seizing the powers of another branch. The result would be a catastrophic loss of personal liberties.
The governor called this argument novel. It is not novel. It is bedrock American constitutional law, just as James Madison intended.
Continue reading the article at LewRockwell.com
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Published on October 7, 2020