by Karl Denninger, Market Ticker:
Attorney General Dana Nessel will no longer enforce Gov. Gretchen Whitmer’s executive orders after the Michigan Supreme Court ruled Friday that one of the laws underpinning the orders was unconstitutional.
As I pointed out in my Commission Testimony you can see at http://tnouster.us the point of “Executive Orders” is exigence.
A government executive cannot issue orders carrying a penalty beyond the point of exigence. Any penalty. Law, ordinance, etc — nope. That power is held by the legislature. If it’s a county, then it’s a County Commission. If it’s a City, it’s the City Council. If it’s a State, then it’s the Legislature. Ditto for the Federal government.
County and City legislatures are usually unicameral; that is, they have one body and in some states there is an executive who must concur or veto (and potentially be overridden.) State and the Federal legislatures are bicameral; a “House” and a “Senate” with an Executive who must concur or veto (and potentially be overridden.)
Exigence evaporates quickly. The exception and capacity for such orders exists because a tornado, attack of some sort, biological disaster such as an epidemic, etc may occur without warning. In fact emergencies, by their nature, frequently occur without warning. The Executive has the power to issue temporary constraints for that reason; you have to have enough time to call into session the Legislature which then considers the situation, debates and votes. But said “exigence” only exists for the amount of time necessary to do that under the circumstances in question.
Nowhere in America do we have a King or Queen. Any such attempt is void and the person attempting it has committed sedition.
Any Sheriff or other Law Enforcement “agent” enforcing same beyond the point of exigence is a felonious thug assaulting you with a deadly weapon. LEOs who act outside their authority are not law enforcement agents, just as a cop who peddles Heroin on the corner and sticks people up is a not a cop when they do that, they’re a drug dealer or armed robber.
Law enforcement is an action, not a person.
Beyond 30 days there is simply no excuse in any state or locale for not convening the legislative body and taking up said debate and voting. If you cannot get consensus the order expires. A refusal to act by a legislature, no matter the reason, is a valid legislative act. That’s why we have legislatures. We are well past the point where every legislative body from the City Council in a town on up has had plenty of time to convene and consider the issue. Their failure to do so is not due to exigence — it is due to a valid, lawful choice.
MONTHS DOWN THE ROAD ANY CLAIM OF “EXIGENCE” IS A SEDITIOUS CONSPIRACY, A FRAUD, AND TO THE EXTENT THAT IT CARRIES THE THREAT OF PENALTY FELONIOUS ASSAULT OR EVEN ARMED ROBBERY AND/OR A THREAT TO KIDNAP BY FORCE OF ARMS.
Consider this — The President can nuke an adversary unilaterally. However, he cannot declare war. Only Congress can do that. He can respond immediately, in the gravest extreme, without the consent of Congress because time may not permit Congress to authorize the action. But that power is not unlimited. He cannot spend money not appropriated by Congress whether under an emergency declaration or not. Yet these Governors and Mayors have asserted unitary authority — which, I will point out, is directly unconstitutional not only at the state but at the Federal level, which guarantees all states and political subdivisions a republican form of government.
No action by a unitary executive meets that Constitutional requirement beyond the limit of exigence.
Witmer has now opened up the State to unlimited 5th Amendment “taking” liability for every bit of harm done to any person or business beyond the first 30 days of Covid19. The entirety of the state government and its finances must be destroyed. If you live in Michigan and are pissed off about this take it out on your Governor who unlawfully, and knowingly-so, acted as Queen. Trying to play “Red Queen” might have been a bad idea, eh?
Tennessee, you hear me? Mayor Larry DeBlasio in Sevier County do you hear me?
The Tennessee Legislature was called into special session a couple of months ago. They considered and passed a liability waiver for any business that had someone try to sue them over alleged Covid19 exposure issues. It has some exceptions, but is reasonably air-tight. Fine. They could have, at the same time, taken up an extension of the emergency powers, including the mask orders and authority to close or restrict businesses. They did not, and their failure to do so was voluntary; they had every opportunity to do and didn’t.
They’re not alone. In fact I haven’t found a single state where the legislature passed a law related to said events. Nor a county or city government. There is not one such order that is valid anywhere in the country right now, and there hasn’t been for months.