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Title: State Supreme Court Crushes Stay-at-Home Order
Source: [None]
URL Source: https://www.westernjournal.com/stat ... am&utm_content=western-journal
Published: May 14, 2020
Author: Jack Davis
Post Date: 2020-05-15 04:58:37 by BTP Holdings
Keywords: None
Views: 76
Comments: 7

State Supreme Court Crushes Stay-at-Home Order

By Jack Davis

Published May 14, 2020 at 7:52am

Wisconsin’s Democratic administration usurped the powers of the state legislature in issuing a lockdown order that called for criminal charges to be filed against anyone who broke it, according to a state Supreme Court decision issued Wednesday.

The court ruling, which offered a powerful summation of the rights of citizens against authoritarian governments, said the administration of Democratic Gov. Tony Evers left state lawmakers out of the loop while imposing restrictions on Wisconsin residents, according to the Milwaukee Journal-Sentinel. The suit was brought by Republican legislators.

The 4-3 ruling, written by Chief Justice Patience Roggensack, focused on the actions of Andrea Palm, an Evers appointee who serves as the state’s health services secretary. Palm worked in the Obama administration and for Hillary Clinton during Clinton’s tenure as a U.S. senator representing New York.

Palm issued Order 28, titled “Safer at Home,” which was designed to prevent the spread of the coronavirus and proposed criminal penalties for anyone breaking the order.

The court, however, said the issue is not prevention but power.

“This case is about the assertion of power by one unelected official, Andrea Palm, and her order to all people within Wisconsin to remain in their homes, not to travel and to close all businesses that she declares are not ‘essential’ in Emergency Order 28,” the justices said in their ruling.

“Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order,” the ruling said, noting that Wisconsin law required Palm to undergo a process that gives legislators veto power over agency policies.

“We do not conclude that Palm was without any power to act in the face of this pandemic. However, Palm must follow the law that is applicable to state-wide emergencies. We further conclude that Palm’s order confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority of Wis. Stat. § 252.02 upon which Palm claims to rely,” the court said.

The ruling stressed that the rights of the people of Wisconsin cannot be easily abrogated.

“The people consent to the Legislature making laws because they have faith that the procedural hurdles required to pass legislation limit the ability of the Legislature to infringe on their rights,” the justices said, adding that “Palm cannot point to any procedural safeguards on the power she claims.”

Calling the order an “obvious overreach,” the court ruled that “clearly Order 28 went too far.”

Justice Rebecca Bradley, in a concurring opinion that quoted Thomas Paine and Thomas Jefferson, wrote, “Under the Wisconsin Constitution, all governmental power derives from ‘the consent of the governed’ and government officials may act only within the confines of the authority the people give them.”

“The people of Wisconsin never consented to any elected official, much less an unelected cabinet secretary, having the power to create law, execute it, and enforce it,” Bradley wrote.

“However well-intentioned, the secretary-designee of the Department of Health Services exceeded her powers by ordering the people of Wisconsin to follow her commands or face imprisonment for noncompliance. In issuing her order, she arrogated unto herself the power to make the law and the power to execute it, excluding the people from the lawmaking process altogether.”

“Endowing one person with the sole power to create, execute, and enforce the law contravenes the structural separation of powers established by the people,” the justice wrote, later adding, “Preserving the perimeters of power constitutionally conferred on each branch of government is essential for securing the liberty of the people.”

Bradley said expediency cannot trample rights.

“Although consolidation of power in one person may be tempting in times of exigency, for purposes of expeditiously producing an efficient and effective response to emergencies like a pandemic, history informs of the perils of the consolidation of power, and not merely through the exhortations of the Founders and philosophers,” she wrote.


Poster Comment:

When I lived in NW suburban Chicago I knew this girl that grew up in north woods of Wisconsin.

They sent me to Milwaukee to pick up a load that delivered 6 miles south of Straits of Mackinac. So I went north. It was shortest way to the drop.

I called the dispatcher. He said, "What did you go north for? You should've gone south."

I told him, "If I had gone south I would be sitting in traffic now. It is wide open up here."

I still remember driving across the Mackinac Bridge at daybreak and seeing the islands in the Straits. It was beautiful.

When I told that girl I was up there she said, "Don't they talk funny? Hee, hee, hee."

"Yo, eh, you hosers you drank all the cold ones."

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#1. To: BTP Holdings (#0)

LOL, I love local culture. but 'hosers'???

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2020-05-15   5:42:59 ET  Reply   Trace   Private Reply  


#2. To: NeoconsNailed (#1)

but 'hosers'???

That s the way they talked up there. LOL

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2020-05-15   6:47:22 ET  Reply   Trace   Private Reply  


#3. To: BTP Holdings (#2)

I don't get it?

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2020-05-15   7:05:19 ET  Reply   Trace   Private Reply  


#4. To: NeoconsNailed (#3) (Edited)

I don't get it?

It is similar to the way southerners say "y'all".

"Hosers" has a similar meaning.

It is a colloquialism. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2020-05-15   7:18:43 ET  Reply   Trace   Private Reply  


#5. To: NeoconsNailed (#1)

Who's yer hoosier hoser

Why Hoosiers, from IN.gov ~

Among the more popular theories:

When a visitor hailed a pioneer cabin in Indiana or knocked upon its door, the settler would respond, "Who's yere?" And from this frequent response Indiana became the "Who's yere" or Hoosier state. No one ever explained why this was more typical of Indiana than of Illinois or Ohio.

That Indiana rivermen were so spectacularly successful in trouncing or "hushing" their adversaries in the brawling that was then common that they became known as "hushers," and eventually Hoosiers.

There was once a contractor named Hoosier employed on the Louisville and Portland Canal who preferred to hire laborers from Indiana. They were called "Hoosier's men" and eventually all Indianans were called Hoosiers.

A theory attributed to Gov. Joseph Wright derived Hoosier from an Indian word for corn, "hoosa." Indiana flatboatmen taking corn or maize to New Orleans came to be known as "hoosa men" or Hoosiers. Unfortunately for this theory, a search of Indian vocabularies by a careful student of linguistics failed to reveal any such word for corn.

Quite as plausible as these was the facetious explanation offered by "The Hoosier Poet," James Whitcomb Riley. He claimed that Hoosier originated in the pugnacious habits of our early settlers. They were enthusiastic and vicious fighters who gouged, scratched and bit off noses and ears. This was so common an occurrence that a settler coming into a tavern the morning after a fight and seeing an ear on the floor would touch it with his toe and casually ask, "Whose ear?"

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2020-05-15   8:13:30 ET  Reply   Trace   Private Reply  


#6. To: Lod (#5)

Oh, that's right Chicago is mere feet from Indiana ;)

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2020-05-15   8:24:46 ET  Reply   Trace   Private Reply  


#7. To: BTP Holdings (#4) (Edited)

If somebody had just said it's hoosier, Ida known. Just wasn't expecting it in 'NW suburban Chicago' ;)

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2020-05-15   8:37:32 ET  Reply   Trace   Private Reply  


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