Where is “State of Emergency” in the Constitution

(Update: Life under the new normal of “State of Emergency” government. Why it’s unconstitutional, unAmerican, and the danger ahead. Freedom is Scary, Episode 7. Recorded live on August 19, 2020. Skip ahead to different topics: Discussion about the constitutionality of our “State of Emergency” at about 3:00. Discussion about scientists’ concerns about children wearing masks at 20:15. Discussion about the Franklin Templeton-Gallup Research Project showing an insane level of misinformation about the threat posed by COVID-19 and the economic consequences at 25:15. Really interesting discussion with my brother’s longtime girlfriend, Diana, at around 39:00 discussing life in communist Romania, where she was born and her family still lives, and the similarities to the new normal of 2020 United States. Discussion about wearing masks in public at 1:09:50. Discussion regarding WV School Reopening and the Rainbow Code at 1:11:08. Discussion on suppression of school choice and freedom by governors at 1:25:45. The CDC Director’s opinion about kids and reopening schools at 1:33:45. Separation of powers violations by the governors at 1:41:20. Discussion on the Nanny State and JFK, Democrats, and third world economies here in WV at 1:48:00.)

On March 16, 2020, Gov. Justice declared a “State of Emergency” under W. Va. Code § 15-5-6. In the proclamation, the Governor provided the following substantiation for his declaration of a “State of Emergency”: The COVID-19 epidemic constitutes a disaster under W. Va. Code § 15-5-2; COVID-19 has been deemed a pandemic by the World Health Organization and the President of the United States has declared a national emergency; It is in the best interest of the citizens of West Virginia that we are able to stand up emergency operation centers and allow boards and agencies to suspend certain rules that inhibit them from responding effectively. At that time there hadn’t even been one positive diagnosis in the State.

Fast forward to August 19 – over five (5) months later – and every county in the State of West Virginia is still being ruled by executive fiat, by one man, in what has become an indefinite “State of Emergency” style of government, which so far has lasted 5 months. And there appears to be no end in sight.

So where in the Governor’s proclamation did he mention his constitutional powers, and where in our State Constitution does the phrase “State of Emergency” appear? Moreover, where does the Constitution describe how the Governor gets to become a de-facto dictator, so long as he alleges a disaster zone exists? Even in counties which still after 5 months have had zero deaths from COVID-19, but numerous deaths from all the usual leading causes of death (mostly heart disease)?

Did you know that the legislature is not allowed to delegate their legislative responsibilities to the Governor? So even if an emergency powers statute attempted to do so (which it doesn’t), it would be unconstitutional.

Link to the text of the WV Constitution: https://www.wvlegislature.gov/WVCODE/…https://thecivilrightslawyer.com/

The Freedom is Scary Facebook page: https://www.facebook.com/FreedomIsScary Make sure to join the private group there to help fight for liberty.SHOW LESS

DOCUMENTS discussed in the Livecast:

Masks Don’t Work: Opposing Science

Franklin Templeton-Gallup Research Project by Dr. Sonal Desai, Ph.D.

1. Americans still misperceive the risks of death from COVID-19 for different age cohorts—to a shocking extent;
2. The misperception is greater for those who identify as Democrats, and for those who rely more on social media for information; partisanship and misinformation, to misquote Thomas Dolby, are blinding us from science; and
3. We find a sizable “safety premium” that could become a significant driver of inflation as the recovery gets underway.

Why Democrats Have Started To Cave On Reopening Schools, The Federalist, by Joy Pullman.

If Teachers Unions Really Cared About Kids, They’d Be Demanding Schools Open, The Federalist, by Paula Rinehart.

CDC Director: Threat Of Suicide, Drugs, Flu To Youth ‘Far Greater’ Than Covid, The Daily Wire, By  Amanda Prestigiacomo

Leave a Reply