I am NOT advocating for civil disobedience. That is where you think the law is one that shouldn’t be enforced. I am advocating for civil obedience, because the law is very clear – none of the Governor’s Executive Orders have any legal authority after April 30th. Thus, I advocate for Michigan residents to exercise all of their rights (to open their businesses, go in public without a mask if they choose, participate in social functions without a “social distancing” requirement – like birthday parties, funerals, AA meetings, etc.). I am also advocating for people to have discussions with their local law enforcement, prosecuting attorneys and public officials – to encourage them to follow the law as written, allowing people to exercise all of their constitutional and statutory rights without interference.
All of the Governor’s 2020 executive orders are based upon her emergency powers. However, the state of emergency and state of disaster ended, as a matter of state law, on April 30th. Therefore, ALL of her executive orders lost their legal authority on April 30th. By attempting to continue exercising these emergency powers after April 30th, Governor Whitmer is breaking the law and violating constitutional provisions restraining her exercise of authority. Moreover, many of these executive order provisions clearly violate rights guaranteed to us in both the Michigan and US Constitutions.
ALL attorneys, law enforcement officers, and public officials took an oath to uphold the US Constitution and Michigan Constitution, and faithfully support the laws in Michigan. Therefore, any such person who attempts to enforce these executive orders now is directly violating their oath of office, acting outside the scope of their governmental authority, and engaging in malicious prosecution and abuse of process.
You can wait “for a court to sort it all out” if you want, but I won’t. I did NOT get my rights from a court. I got them from the Almighty God. Our US Constitution was written to “secure [those] Blessings of Liberty” (US Const Preamble). And here, “we, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom and earnestly desiring to secure these blessings undiminished to ourselves and our posterity,” established our state Constitution of 1963. (Const 1963 Preamble.) So, I am going to follow the law, the MI Constitution, and the US Constitution and exercise my rights now without waiting for “permission” to do so.
Read the full letter to LEOs and full legal analysis here.
Read the simplified version here.
By: Katherine Henry