There are many debates on what "emergency powers" a governor of any given state has.
The latest is one I spotted on Facebook this morning concerning Gov. "Malevolent Michelle" Lujan Grisham and her "stay-at-home" and retail business closures.
Off the top of my head, this would seem to be a big violation of the Constitution's equal protection clause when big box stores are allowed to operate but small mom & pop retail businesses are forced to remain shuttered. Not exactly equality, is it? And, concerning gun store closures, a violation of the Second Amendment.
But that's just the tip of the proverbial iceberg.
According to this, Grisham's actions are illegal.
Here's the Facebook post:
A discussion regarding cease and desist orders, from Nazi Michelle Wuhan Grisham, to small businesses:
All this was done via Exec. Order, EO; EO's are not law, and funny you mention this as I finished drafting a letter of challenge to an EO in Arizona for a friend. Your friends are in fact having their rights violated in defiance of the Article IV, Section 26, NM Constitution, as well a violation of their 4thA protection; their business being closed in fact, in law, a "seizure" of their property; a seizure must be committed only with a warrant. There was a Herbal store somewhere in NM which I read about on a FB page that told the NM state cops that showed up, when they threatened to close her, to leave, and come back with a warrant, and also to call her lawyer; they left.
One must understand an EO is not law over the private citizens; an EO only has force and effect of law “WITHIN the executive branch over any, and all agencies in that branch. I don’t want to go to deep and at length here but it’s fairly simple. Art IV, Sec. 26 I mention states no special privilege, under law, can be given to one entity, a person or business, that does not inure(is granted/applies) equally to all others. Since an EO is not law, a governor CANNOT make law, so for a cop to obtain a warrant the cop would have to go to a judge and swear under oath, on a signed/notarized Affidavit, he has evidence of a crime and needs to seize the property; the judge will ask the law the cop is acting under; the cop has NO actual law, one made by the legislature, the only branch in government that can make law(the gov. can NOT make law) the cop, legitimately, cannot cite a law; he’d have to tell the judge he’s acting under an EO. A wise judge at that point would tell the cop to get out of his court room; an unwise judge who would sign such a warrant, based on an EO and will have placed him/herself in a serious lawsuit, along with the cop.
When we speak of a seizure of property we are not just speaking about taking(seizing) something physical; the business is property; the labor the people who own the store and put into the store is “property”; the loss of income from the closure is a seizure.
For a short example of this here is a short cite from a court case as how the court views what constitutes a seizure;
A "seizure" of property occurs when "there is some meaningful interference with an individual's possessory interests in that property." United States v. Jacobsen, 466 U.S. 109, 113 .
By closing this business, under threat, and they WERE threatened, did the cops interfere with their possessory interests(an interest in their possession, business, profits)? Yes, they did. And when this business was closed while a similar business sold similar merchandise was allowed to stay open, that is a violation of Art. IV, Sec. 26.
It was also, to a great degree, a violation of their 5th amendment taking clause absent “due process; their livelihood was taken from them WITHOUT a court hearing(due process). Your friends have a helluva a lawsuit, as do many, many retailers in NM.
9 comments:
Point taken. Unfortunately, when a tyrannical government doesn't care about the finer things as "The Law" theg will go over the top to accomplish what outcome they want. The Law be damned. In thd meantime, a lot of folks can't wait for a long and tedious trial to which they may or may not win.
Sue all you want she is right. I can't stand her. I'm a hard line member of the GOP. But she is right in this situation. This situation isn't about political boundries. It's about saving lives. If you're willing to give up lives for money then you have a serious problem. I have a friend who is dying in the hospital and his is positive. All he has done since March 11 is for to the Robert store about 3 times. He and his wife did not leave the house except to walk everyday. They had zero visitors. He last went to the store on April 7th. He is extremely sick and not likely to make it. Sad. Also this virus affects people differently. Some are positive but never have symptoms. They do spread it. Some show very mild symptoms. Some feel like they have the flu for several weeks. Some end up in the hospital. Some die. Some have underlying conditions and develop no symptoms and some are young and healthy but die. We can help control this by shutting down businesses. There is financial help for them. This isn't influenza where you have a choice for a vaccination or not. We don't have a vaccine for this virus. It kills at a 30 times more rate than Influenza. But again remember we have no vaccine. This is much more contagious that influenza. So to bitch about the governor shutting down small businesses is crazy. So stop it. This from a republican conservative who is pro business. I keep hearing people throw out the Constitution. That is the dumbest thing ever. If we leave these issues to the people millions of people will due when they don't have to. It's not like developing cancer. We have a choidlxe here to save lives.
MLG. we the peoples have the right to free speech, the right to assemble, the right to religion and the right to bear arms and the right to free enterprise. You are evil and wrong. STOP
Yes they will win. They have the Bill of rights and the Constitution. Its we the people NOT the government.
Shutting down business didn't help your friend (I'm truly sorry for him)so what difference does it make? By the way my husband and I have been closed 4 weeks and no there is NO help for self employed as of yet. We have perfect credit that is about to be destroyed because they are NOT helping us! Not even a stimulus check. So think what you want. Pretty soon I'm going to have to work.
You bought it hook line and sinker! GOP or not, you fell for the lies and failed to critically think. You have allowed fear to dictate your common sense, which is exactly what they want. With fear you are willing to give up your God Given Rights ALL under false pretenses. This never was about saving lives. It was about not overwhelming the hospitals at worst and a good practice run and experiment on the mentality of the general public when given news of a potential disaster at best. Remember the ridiculous toilet paper hoarding? Dems want to do everything possible to Break the back of the economy, the will of the people, the reputation of the President and be a savior themselves by handing out free unemployment beyond what people could make actually working. That way they have those votes. They want to condition the country for more "exercises" periodically to condition it for what their plans are when they continue to peel away at our rights.
Nice argument. The old, "if it will save one life" argument that will destroy the lives of millions of others doesn't hold up water. Millions of americans continue to smoke. Based on the same logic, government should have a COMPLETE BAN on smoking because, "if it will save one life" philosophy, but that hasn't happened. The economy MUST reopen and the consequences are ALREADY dire from the lengthy interruption.
Your friend should have received the hydroxy cocktail therapy. He would have been out of the woods in short order. And to think that YOU are willing to destroy America because you have one ill friend. Anybody that does have poor health, comorbidities should isolate themselves while America goes back to work. Bankruptcies are going to be legion as it is. A scorched earth philosophy is not balanced in addressing this plague. A nation can go back to work with the use of masks and all the rest. Herd immunity is the FASTEST way to conquer this plague that China and the WHO has unleashed.
Armand please post a link to the Facebook post?
Unfortunately, I cannot post the link. It was originally mistakenly attributed to the son of the man who wrote it and is concerned that it might be detrimental to his son's job as a law professor.
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