I think you may have that backwards.
Extreme abuse of power
- Thread starter vraiblonde
- Start date
Stupid legislators, don't even know how to write a Constitutional amendment.
Regardless, it is not up to the public or law enforcement to determine if the order is legal or constitutional.
Remember, they work for the Executive Branch of government. It;s the judicial branch that must rule.
To have standing, to challenge the rule or law you must show the impact. It's like the tree in the woods, if nobody is around to hear it, did it really fall?
If you are fined or arrested, you can challenge the legality. Hopefully you get your day in federal court before long.
Orders are not considered LEGAL if they violate existing law. The gov cannot issue a LEGAL executive order to tell you to commit a crime. Nor can he issue a LEGAL executive order that deprives you of your Constitutional rights. Using your logic, anything the governor wants to be done only requires an executive order and his subjects are required to carry it out. Sorry, that's not the way it works.
And yet if some 19 year old Private in the Army obeys an unlawful order from his superior, he gets a courtmartial.
Or second amendment right is part of the protests.
Not quite true. An Unlawful order can be disobeyed. But what 19 year old would know if it's unlawful?
LightRoasted
If I may ...
I think you miss the point. WHO makes the determination?
When a state of emergency is invoked, what powers does it confirm on the executive (mayor, governor, president, etc.)?
Which order or orders do you think are unconstitutional or violate existing statute?
Has anyone been arrested or fined for violating the order(s)?
If so, has anyone filed suit stating the order or orders are unlawful?
When Trump issued executive orders stating that black listed certain countries as being at high risk for terrorists, people file suit before one person was even denied under the policy. In that case the claim wasn't that he could not issue an executive order, but that the order was unlawful becuase it discriminated based on race, religion, etc.
What's needed is someone to challenge the orders in court.
Until then expect the police to enforce the orders as they have been directed by their chain of command.
Let's not be ridiculous, in this type of case the order (or alleged order) is typically an act that any reasonable person would know was illegal - murder, rape, robbery, etc.
If you want to make that analogy, if the POSTUS told a private in the Army to stop all vehicles on a certain road to check for illicit weapons...
Would the PFC tell the POTUS that he declined on the grounds that it was illegal search and seizure?
No, he would stop the vehicle and search. The parties stopped and searched would then file suit against the government, not the PFC for violating their civil rights.
Mark Levin is on Sean Hannity right now talking about the Consitutionality on re-opening of the country. (hint: yes, the POTUS does have many options available to him)
He also takes the Governors of this country to task for their overreaching in some of their "Executive Orders".
I'm sure the segment will be on when Hannity is re-broadcast later tonight AND the video segment will be available tomorrow. Worth a watch. (I'm going to re-watch it.) Also, you can catch Mark Levin on his own FOX show on Sunday evenings.
He also takes the Governors of this country to task for their overreaching in some of their "Executive Orders".
I'm sure the segment will be on when Hannity is re-broadcast later tonight AND the video segment will be available tomorrow. Worth a watch. (I'm going to re-watch it.) Also, you can catch Mark Levin on his own FOX show on Sunday evenings.
LightRoasted
If I may ...
If I may ...
How is it, that our fcking lame excuse for a governor, at every press conference, is not wearing a mask, (Who btw, ostensibly fuking needs one due to his compromised immune system because of his non-hodgkins lymphoma), mandates us, free people, to wear one? WTAF!
How is it, that our fcking lame excuse for a governor, at every press conference, is not wearing a mask, (Who btw, ostensibly fuking needs one due to his compromised immune system because of his non-hodgkins lymphoma), mandates us, free people, to wear one? WTAF!
LightRoasted
If I may ...
If I may ...
Nope, not really. Unless of course he dies leaving us with a black man as governor. If you are OK with that? No worries.
If I may ...
Nope, not really. Unless of course he dies leaving us with a black man as governor. If you are OK with that? No worries.
I don't.
