Governor Baker’s Coronavirus edicts violate the Massachusetts Constitution

The draconian restrictions issued by Governor Charlie Baker in the name of fighting Coronavirus violate many provisions of the Massachusetts Constitution, along with provisions of the United States Constitution.  The proper level to undo these unconstitutional edicts is on the State level not the federal level. Thanks to our abysmal educational system far too many of us have been brainwashed into believing that the Supreme Court is the one and only venue for addressing all wrongs committed by any level of government.  The founding fathers of this nation along with the framers of the US Constitution and the State Constitutions would be completely dismayed by that level of constitutional ignorance.

The system of government enshrined in the United States Constitution is a distributed constitutional system where legal and constitutional disputes involving state governments are supposed to be solved on the state level and only those involving the federal government are supposed to be solved on the federal level.

Stay at home orders and the orders to close businesses clearly violate the following clause of the Massachusetts Constitution because  liberty, or the freedom to live our lives as we please, is one of our most important natural rights.

Article I.  All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

The government of the State of Massachusetts can only take away the freedom of individuals to come and go from their homes as they please if they are found guilty in a court of law.  That is spelled out in this clause:

Article XII.  And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.

Police officers have absolutely no authority under the Massachusetts Constitution to knock on your door and check to see if you have more than ten people attending a Thanksgiving gathering, Christmas party. or any social event.  If they do the we have every right to demand they produce a warrant.  You are guaranteed that right by the following clause:

Article XIV.  Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the

Only laws passed through the formal legislative process are valid laws in the State of Massachusetts.  These edicts issued by Governor Baker were not passed through the formal legislative process therefore they are not valid.

Article II.  No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives

This article specifically prevents any governor of this state from issuing any edicts of any kind.

Article XXX.  In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

This article clearly states that we the people are in charge of the State of Massachusetts, not the politicians we elect.

Article V.  All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

If we do not like what our elected servants are doing we the people of this state have the absolute authority to reform the government and make sure they listen.

Article VII.  Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it.

The Price the GOP will Pay For Allowing The Election to be Stolen

Bernard Woolley: What if the Prime Minister insists we help them?

Sir Humphrey Appleby: Then we follow the four-stage strategy.

Bernard Woolley: What’s that?

Sir Richard Wharton: Standard Foreign Office response in a time of crisis.

Sir Richard Wharton: In stage one we say nothing is going to happen.

Sir Humphrey Appleby: Stage two, we say something may be about to happen, but we should do nothing about it.

Sir Richard Wharton: In stage three, we say that maybe we should do something about it, but there’s nothing we *can* do.

Sir Humphrey Appleby: Stage four, we say maybe there was something we could have done, but it’s too late now.

Yes Prime Minister A Victory for Democracy 1986

Yesterday I talked about the price that will be paid for allowing this election to be stolen and that Twitter is playing the prevent defense.

And lo and behold the news coming from PA:

“We are physically unable to consider any new legislation before the end of session. A simple resolution takes three legislative days for consideration and a concurrent resolution takes five legislative days to move through both chambers, which means we do not have the time needed to address any new resolutions in our current session,” which expires Monday as per the state constitution.

In other words the GOP leadership in PA dillyed and dallied until it was not able to stop the steal, this was made possible by keeping the public ignorant of these things, via Twitter’s Prevent defense.

All of these hearings we are seeing mean nothing if the GOP is just using it to let people vent without actually acting.

I don’t think they understand the cost of the Party’s decision but a fellow named Zimmerman does and I don’t think I can do better than the points Mr. Zimmerman has made. All his points are great but these are the ones that really ring out:

3. I fully believe that these state Republican leaders are lying when they say they are going to do a full review of the election process. As we have seen for decades, they are experts at failure theater. They make big noises about standing up to their opposition, but always fold like wet rags at the slightest pressure. They will do so again.

4. The result: The likelihood of a legitimate election occurring ever again in the United States is low, if not impossible. Assuming the Democrats did steal this election, the evidence suggests they were sloppy about doing it. Not only were the manipulations of the vote totals blatantly obvious, the Democrat’s unwavering opposition to any investigation suggests they knew their malfeasance would have been quickly uncovered.

They will not be so sloppy next time.

Mr Zimmerman predicts not only the abandonment of the GOP by conservatives who see no reason to fight for those who won’t stop this election from being stolen from them and let’s be clear it’s the people who this election is being stolen from as a letter writer to Don Surber explained.

“But I lay here awake now thinking about how Donald Trump did not lose the election nor have it stolen from him. The Presidency is not a prize to be won but an office to be elected to. It is not his. It is ours.

“The election was stolen from the 70 million plus voters who followed the ever changing rules, trying to do the right thing to the best of their ability.

“And the thieves did not just steal the office, in doing so they stole our present and future tax dollars. They stole the educations of every student in the education system from pre K through post grad.

“They stole our faith and trust in the government and in the system we trust to maintain the integrity of that massive government. They stole our hope for a safe and honest future.

“I hope they are caught and their wrongs are corrected.

“In my opinion, there is no punishment harsh enough for the people who seek to enslave us.

“They are not trying to steal the election from Donald Trump. They are trying to steal it from me.

Basically the GOP in PA, GA, AZ, WI & MI have become the foreign office, they will make loud protests and do nothing. As I said yesterday the left in general and the big tech folks in particular must be very pleased at the result.

I submit and suggest they will be less pleased at the violence that this will spawn nor will the GOP office holders whose feckless surrender will be the spark that lights the flame of what could be a 2nd civil war. None of these things are going to change unless there is an actual cost for this type of thing and frankly it seems to be the only price they understand is direct violent action.

I could be wrong about that and in fact hope I am, but the very fact that I’m becoming less and less upset at the prospect fills me with dread.