Michigan legislators say no the governor's "power grab".

army judge

Super Moderator
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Michigan
LANSING, Mich. — April 30, 2020 —

The Republican-led Michigan Legislature refused Thursday to extend the Governor's coronavirus emergency declaration and voted to authorize a lawsuit challenging Democratic Gov. Gretchen Whitmer's authority and actions to combat the pandemic.

The step came as hundreds of conservative activists, including some who were openly carrying rifles, (WHICH IS LEGAL UNDER MICHIGAN LAW) returned to the Capitol to denounce her stay-at-home order.

A state police spokesman, later told NBC News, that it is legal in Michigan to carry firearms as long as it's done with lawful intent and the weapon is visible.

Whitmer wanted lawmakers to extend her emergency declaration by 28 days. It expires late Thursday. But at the same time, she believes she has other powers to respond to the crisis and does not need a legislatively-approved extension except to ensure that health care workers would continue to have special legal protections. She has said the state of emergency will continue regardless, which Republicans dispute and plan to challenge in court.

The declaration is the foundation for Whitmer's stay-at-home measure, which will remain in effect through May 15, and other directives aimed at slowing the spread of the coronavirus. It has infected more than 41,000 Michigan residents and contributed to the deaths of 3,789. The virus and the steps taken to curb it, including the closure of nonessential businesses, have had a devastating effect on the economy.

The House and Senate voted along party lines for a bill — which she will veto — that would temporarily codify many of Whitmer's orders but not her stay-at-home directive. Restaurants could begin dine-in service on May 16, when bars, casinos, gyms and other places of public accommodations also could reopen. Businesses open to the public would have to adhere to social distancing and other mitigation measures until May 30.

Republicans accused Whitmer of ignoring their input.

"We can no longer allow one person to make decisions for 10 million people," said Senate Majority Leader Mike Shirkey of Clarklake.

House Speaker Lee Chatfield, of Levering, said the death toll is "terrible," but other lives have been "negatively impacted unnecessarily because of how we have handled this pandemic. We believe we you can prioritize public health yet be reasonable in your approach to fighting COVID."

Democrats opposed the legislation as an unconstitutional "political stunt" and called the pending legal action a wasteful expense amid plummeting tax revenues.

"We must ensure that our state can respond quickly and decisively to a situation that changes day by day," said state Rep. Tyrone Carter, a Detroit Democrat who recovered from COVID-19. "That means ensuring that our governor has the emergency powers necessary to lead us in this fight."

Outside the Capitol, speakers took turns addressing a crowd on the lawn. Meanwhile, drivers leaned on their horns as they traveled past, a repeat of what occurred April 15 but not close to the thousands who participated in vehicles at that time, which paralyzed traffic for miles.

Protesters' placards read, "Shut down the lockdown," "No work no freedom," and "Tyrants get the rope." Some people wore the "Don't Tread On Me" flag as a cape. Others chanted, "Lock her up," in reference to the governor. Some wore President Donald Trump's "Make America Great Again" hats or carried signs supporting him.

"The virus is here. It's going to be here. ... It's time to let people go back to work. That's all there is to it," said Joni George, of Flushing.

Some angry protesters — many without face coverings — entered the Capitol and demanded to be let onto the House floor, which is not allowed. The gallery was closed to the public to allow room for representatives and reporters to spread apart. Several demonstrators in the Senate gallery were openly carrying guns, which is legal in the Statehouse. One state senator said some armed men shouted at her, and several senators wore bulletproof vests for protection.

Shanon Banner, a state police spokeswoman, estimated there were 400 to 700 protesters and said they were "peaceful" overall. People who did not wear masks or distance themselves were not issued tickets. One demonstrator was arrested for assaulting another protester.

Whitmer, whom the public has supported in polling, on Wednesday rejected Senate Republicans' proposal for a pair of one-week extensions of the emergency in exchange for giving legislators a say in any future stay-at-home restrictions.

Republicans want her to allow elective medical and dental procedures again and certainty on the date she plans to reopen the economy on a regional basis. Meanwhile, the governor has allowed some businesses, such as lawn-care companies and greenhouses, to resume operating.

Whitmer said Wednesday that Republicans "are acting as though we're in the midst of a political problem. ... This is a public health crisis." Commercial and residential construction will resume next week.

Hundreds of protesters, some carrying guns in the state Capitol, demonstrate against Michigan's emergency measures


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Kudos to Michiganders (is that what they are called?) for letting their voice be heard. The legislature likely sensed the pending civil disobedience if they dared proceed any other way.

This same scenario is about to play out across multiple states, but not all will have this peaceful result.
 
This same scenario is about to play out across multiple states, but not all will have this peaceful result.

I hope that protestors can stay peaceful. The rights of free speech and to peacefully assemble don't extend to violent acts. And should protestors get violent, they should expect an equally violent response to put it down.
 
I hope that protestors can stay peaceful.

I think so far organized protesters have done well. However what I was alluding to was not the protesters but the broad civil unrest that is developing around the country. Attempts to continue to enforce these very questionable orders are at some point going to result in an unfortunate outcome.
Unless the government is going to keep caughing up $1200/mo, I suspect the breaking point is very near.
 
However what I was alluding to was not the protesters but the broad civil unrest that is developing around the country.

So far I don't see "broad civil unrest" occurring. The majority of Americans seem to support most, though perhaps not all, of the restrictions the states have put in place. Most states have not banned things like walking outside, meeting with a few friends, and the like. What they have put in place are measures that have closed many businesses for a few weeks as well as banned large gatherings (particularly concerts and sports events at stadiums and venues that seat thousands closely packed together). Those orders are well within the power of most states to do. The stay at home "orders" in many states are actually voluntary as the states lack statutes allowing them to penalize those who don't follow them. As a result, for example, in my state not a single person has been arrested or cited for simply going out of their homes.

Unless the government is going to keep caughing up $1200/mo, I suspect the breaking point is very near.

Most cities and states now appear to be ready to start reopening things in the next few days to few weeks. In my city that process right now appears to be set to start a week from today. So in many places if the civil unrest does not crop up in the next two to three weeks, it'll likely never happen, at least for this round of battling the virus. We might need another round (or two) before this is all over and enough people have immunity so that the worst of the risk is passed.
 
In our state, the one guy I did see charged with violating the stay-home order was a guy who was also charged with breaking in to cars. I guess auto burglary isn't an essential service. The problem with trying to charge anybody else is that there are so many exceptions to the stay at home order, that it would be hard to argue that one of them wouldn't apply. Essentially, you're allowed to travel to and from any business that is deemed essential (which covers food stores, take out restaurants, gas stations, home improvement stores, liquor/wine stores, ....).
 
As many will soon discover, executive orders can't replace local ordinances and state laws, which can only derive from city councils, county supervisors, or state legislatures.

Try as these various executives may soon learn the bitter lesson President Trump (and other presidents) have been taught, only legislative bodies can create law.

However, legislative bodies learned a lesson, too. The executive can veto their wanna be laws/ordinances.

The legislators can override the executive veto with a super majority vote.
 
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