If the governor cannot abide by the law, why should anyone else?
But the basis under which Whitmer has crafted EO 2020-33 is not entirely within the scope of the law. PA390, the act under which certain transgressions of our daily liberties might be enacted, does have rules that the governor must follow.
Specifically, it must describe the manner under which we can be assured that the ‘disaster’ has been resolved. the order must describe the conditions under which, if met become the basis for rescinding such an order.
As you see in the actual order 2020-33, it cites PA390 and in particular the section which grants her authority to make an EO. It does not however, describe what constitutes an end to the ‘disaster’ as required by section 3.
So, is this order even legitimate?
And going beyond even this particular evidence that this governor is both power hungry and in over her head, are her edicts about movement and congregation even lawful?
First off, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
That particular line right there is text of the first amendment in the bill of rights.
It doesn’t have an asterisk that allows suspension of that protection when things are bad. It doesn’t say that for the safety of our people, our constitution is suspended.
And the 14th amendment clarified (through ‘selective incorporation) that all those wonderful protections enshrined in the 1st amendment to the constitution’s bill of rights extend fully into protection from the states. “Congress shall make no law” equals “the states shall make no law.”
SHALL make NO LAW abridging these natural and protected rights. There is no provision even under martial law that allows the suspension of rights. Keeping order and broadly preventing commerce and free association is not within it’s purview. And the Michigan constitution makes no extreme powers allowance to the governor.
As for ‘martial law’ Under the MICHIGAN MILITARY ACT, Act 150 of 1967, martial law is a very localized consideration where the National Guard can be directed by the governor to assist in keeping order.
32.575 Declaration of martial law.Sec. 175. When any part of the organized militia is employed pursuant to section 151, the governor, if in his judgment maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving or any specified portion thereof, to be under martial law or martial rule.
Go to the act itself to see if you can find any more expansion of powers allowed to the governor. I cannot.
In fact, I have scanned the Michigan constitution, legislative archives, and cannot find anything that supports wholesale abridgment of our constitutionally protected rights. Its almost as-if there is nothing that supports her usurpation of authority!
We need to make it known that this is unacceptable. Not only to the government, but ALSO to those who would presume to enforce her edicts.
ASK them under what Michigan statute they are acting upon that confers to them the ability to force you indoors, or more than 6 feet away from one another on the word of the governor. Press them to give you the legal precedent that even suggests a deviation from what has been our constitutionally protected right for hundreds of years.
TELL them that you understand they are trying to do their jobs, but that you simply want them to actually have a lawful reason to prevent you from exercising your 1st amendment rights.
LOOK at the law that gives her very limited authority, and internalize it. The only way that she can have the kind of power over any of us that she has assumed is through your own ignorance.
READ the US and Michigan constitutions. Follow up and read the laws which she is presuming to operate under. In the examples above, her EO 2020-33 is flawed and technically void. Tell your representative about it.
This is the United States of America. Our laws and constitution are not merely conveniences, they are our protections and provide reasonable expectations on how our governments must act when dealing with our needs and even during emergencies.
And if you get bored and really have nothing to do, I have a seven minute video rant below for you to watch as well.