The legal crisis we find ourselves in today is far worse than the supposed medical/health crisis being reported in the legacy media. I find it necessary to address a few underlying fundamental points that I don’t hear discussed much in media or elsewhere.
First, an executive order made by a governor does not have the force of law. It is not law. It is, at best, a strong recommendation. A very lengthy and detailed process is required to create a law. It must be proposed, it must be debated, it must be passed by the legislature, and it must be published in advance of its taking effect. Proper laws must be added to the Michigan Compiled Laws (MCL’s)(or your local city, township, or municipality code of ordinances) and made available to the public. Laws relating to crimes must be added to the Michigan Penal Code (Chapter 750 of the MCL’s). Search the Penal Code for the law that makes it a crime to disobey an executive order. You won’t find it. It doesn’t exist. In addition, the phrases “stay at home” and “shelter in place” do not exist anywhere in the MCL’s, the Michigan Penal Code, or our state’s history of legal jurisprudence. Nowhere. They are not a part of our nomenclature. They are not a part of our law. As such, they are not enforceable as law.
Second, unless martial law has been declared throughout the country, The Constitution of the United States still applies and remains the supreme law of the land. Presidents, governors, representatives, law enforcement officers, and members of the military ALL swear an Oath to uphold and defend The Constitution, even (and, I would argue, especially) in a time of crisis. There is no emergency exception. The First Amendment to The Constitution guarantees that government will not impede on your right to peaceably assemble (and travel freely to do so), to practice your religion (and travel freely to do so), to petition your government for a redress of grievances (and travel freely to do so), and to have free speech and freedom of the press. There is no emergency exception.
Furthermore, the Fifth Amendment to The Constitution of the United States specifically states that, “No person shall… be deprived of life, liberty, or property, without due process of law.” Liberty means your freedom to move about and do as you please (so long as you’re not violating others’ rights and freedoms). Due process means that, for your liberty to be taken away, you must be charged with a specific violation, you must have the opportunity to review the evidence against you, you must have the right to counsel, and you must be given the opportunity to defend yourself at a hearing with a judge or a trial with a jury of your peers. And, if you lose, you must have the opportunity to appeal the decision. Without that process, government may not deprive you of your liberty. There is no emergency exception.
Third, mandatory “stay at home” orders defy all common sense. Allow me to explain. If a real emergency did indeed exist – an emergency so bad that it endangered the entirety of the general public – it would be so obvious and apparent to the general public that people would stay home voluntarily. Imagine we are at war, the bombs are falling, and the nuclear missiles are inbound to every major city. You wouldn’t have to order people to stay inside. They’d do it voluntarily. But, even then, if you wanted to stay outside and watch the bombs bursting in air, you would be well within your right to do so. That’s the very essence of liberty – the right and freedom to make bad decisions. And the governor or mayor would have zero authority to order you to go inside. That same concept applies to wars, pandemics, and all emergencies, whether real or imagined.
In short, mandatory “stay at home,” “shelter in place,” and similar orders are unenforceable as law, violate multiple sections of our constitution, and defy common sense. A governor or mayor cannot order you to stay in any more than they can order you to go out. They cannot order you to stay in and give up your First Amendment freedoms any more than they can order you to turn in your guns (Second Amendment), or quarter soldiers in your house (Third Amendment), or be searched at random without cause (Fourth Amendment) or testify against yourself (Fifth Amendment). They may think they have the power, but they do not have the authority.
Governments are created of the people, by the people, and for the people. All forms of government in our country exist only because the people consent to their existence. As such, we are governed only by our consent. So, stay home and shelter in place if you wish – it’s your right to do so. But understand that it is also the right of others to not stay home. And the same goes for every right we have in this country – if you have the right to do something, you must also have the right to not do that thing. Otherwise, it’s not a right at all. And no executive order can take that away.
The Attorney Next-door
Wow! Best thing I have read so far on this insanity (and I've read a huge amount).
Publish, disseminate and spread this far and wide. Good work!
Thank you, J. Eric Smith! I've attached to my post a copy of the article in PDF form. Anyone is free to download and save. You may also copy and paste my text or share the link to this page. Either way, please re-post, forward, print and share with everyone and anyone as you you see fit. I don't want or need credit - just get the word out to spread these truths! Cheers, Derek.
Thanks for this, Patriot. See you in Lansing!
Thank you!!
Attorney General Bill Barr Issues DOJ Memo: “The Constitution is Not Suspended in Times of Crisis”…
Story: https://theconservativetreehouse.com/2020/04/27/attorney-general-bill-barr-issues-doj-memo-the-constitution-is-not-suspended-in-times-of-crisis/
Link to PDF: https://www.justice.gov/opa/page/file/1271456/download
Excellent. I especially appreciate your candor and ability to refrain from name-calling and other insults.
Thank you, Paula. I've always said, once you resort to ad hominem and insults, you've lost the argument.
Then is a small business allowed to open back up if they want to? My daughter in law has a small dress shop. Can she just reopen if she so desires? If the stay at home is not a law then I would think keeping businesses closed would also not be a true law. Your opinion?
I would think so too, Mary. Our freedoms include our livelihood. It takes real courage to buck this usurpation of the Constitution, so she might want to open on the QT, and only for select customers.
“All laws which are repugnant to the Constitution are null and void.” Marbury v. Madison, 5 U.S. 137 (1803)
time to get involved join the Engaged Army of Self-Governing Grassroots Activists https://conventionofstates.com/take_action
Although I do not live in Michigan at present, we had a cabin in the UP for quite a number of years so would like to offer a suggestion for all of you to consider.
It has always been the case that Michigan's Springtime always was later than what we had in our home state - when we went north in May, the trees were gradually further behind the farther north we went and it was the opposite in Autumn. We could experience the great leaf colors for six weeks autumn came much earlier than at home.
From what I understand, flu and virus germs love cold or cool temperatures and do not flourish in hot humid conditions.
I know it is not pleasant to be locked down - we now live in a seniors housing facility in an independent apartment that is housed in the same building as assisted living and nursing services and are bound to abide by the rules set forth for nursing homes rather than to risk exposure and possibly spreading this debilitating virus - but you very well could be on the wrong side of the grass taking too many risks with this one. Think about it! I have sorely missed Spring flowers both wild and cultivated as well as our flowering trees but our daffodils bloomed nearly a month ago and are now gone. How many of you have any daffodil blooms already? I recall telling UP friends that we called them Easter flowers in Southern Ohio but they seemed to be Mothers' Day flowers up there. Hand in there! Summer will be here soon and it will be far more fun if we are alive and well to enjoy it!
I beg to differ, and I offer these three articles for your consideration:
https://www.washingtontimes.com/news/2020/apr/28/coronavirus-hype-biggest-political-hoax-in-history/
https://www.wsj.com/articles/new-data-suggest-the-coronavirus-isnt-as-deadly-as-we-thought-11587155298
https://www.thegatewaypundit.com/2020/05/cdc-equates-coronavirus-hospitalizations-seasonal-flu-finally-admits-much-less-dangerous-children/?utm_source=Twitter&utm_medium=PostBottomSharingButtons&utm_campaign=websitesharingbuttons
Great post - will share widely with others! To let others know the hypocrisy of Whitmer - hair salons can't be open and stylists can't go to homes of clients as they are risking fines and loss of licenses. Well, Whitmer is still getting her hair done. Employee of salon she uses is going to her house with no face mask or social distancing. One set of rules for her, one for the rest of us.
Spot on! We are experiencing the true ideology of the Dem party which is Authoritative Statism!!! Which is all about Power and Control over the people by any means necessary! Statism and Constitutionalism can not coexist, Constitutionalism stands for Liberty and Individualism! Regressivism stands for Government Tyranny and Government Enslavement!
This is well written and thought out. Except that the laws ARE enforceable to the extent that people are afraid to face the consequences of challenging the Praetorian Guard. Being arrested and cited, or taken to the pokey and processed and THEN cited, is a big, scary, pain in the butt for many.... Insofar as we FAIL TO CHALLENGE THE WICKED WITCH... she WINS...