The Michigan “Lockdown” Liberty And Accountability Key
The simple, indisputable legal basis for reclaiming freedom from all “lockdown” edicts in the Great Lakes state, and for holding the perps responsible.
(The Texas, Virginia, Kentucky, Wyoming and Georgia Keys have been added, below.)
1. The Michigan Constitution is the supreme law of the state:
Schedule, section 16, of the Michigan Constitution of 1963 provides that upon adoption of that Constitution by a majority of electors, “it shall be the supreme law of the state on and after the first day of January of the year following its adoption” and declares that vote in favor of adoption as having been certified on June 20, 1963.
2. Disharmony with the Constitution invalidates any purported act, pronouncement, edict, decree, order or law of any state officer(s) or agent(s):
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
No repeal of an enactment is necessary, since an unconstitutional law is void. The general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.
16 Am Jur 2d, Sec 256
3. Michigan’s Constitution vests law-making (legislative) power– that is, the power to impose enforceable requirements or prohibitions– exclusively in the legislature, in Article IV, section 1 and Article III, section 2, with only two very narrow and specific exceptions (all bracketed clarifications and emphases added):
Article IV, § 1 Legislative power.
Except to the extent limited or abrogated by article IV, section 6 [providing for an Independent citizens redistricting commission] or article V, section 2 [allowing the governor to rearrange or reassign functions within the legislatively-established executive branch, subject to approval by the legislature where having the character of law], the legislative power of the State of Michigan is vested in a senate and a house of representatives.
Article III, § 2 Separation of powers of government.
The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution [in Article IV, sec. 1, shown above].
4. In law, “substance” always rules over “form”. The devising and issuing of commands to the general public, disobedience of which can be punished by the state apparatus in any way whatsoever, is the making of laws, even if the products are called “executive orders”. Executive branch officials are prohibited from such legislating, except as expressly authorized in the Constitutions to which they have sworn fidelity.
Any basis– even an enactment of the legislature itself– on which the governor (or any executive branch agency or official) claims the power to devise, issue and enforce commands directed at any or all of the general public — whether such commands are labeled as “Executive Orders” or otherwise– is manifestly unconstitutional and void, per the foregoing simple and straightforward legal facts. The governor and all other executive branch officials are prohibited from being given, having, or exercising any such power.
No commands so devised and issued can be lawfully enforced by anyone. No commands so devised and issued can be lawfully upheld by any court to which the foregoing points of law are presented.
***
P.S. To get this Key as a .pdf which can be printed and carried about when resuming the exercise of your rights, and which should be shared as widely as possible, click here.
P.P.S. For a complete discussion of the fallacies inherent in executive-branch claims of “emergency powers”, see this.
***
The Texas “Lockdown” Liberty And Accountability Key Has Been Posted
Let’s call it the “Don’t Mess with Texans” instrument…
Get the Lone Star State Key as a .pdf here.
***
The Virginia “Lockdown” Liberty And Accountability Key Has Been Posted
This great state’s motto is, “Sic Semper Tyrannis”, an express rejection of governmental overreach. This seems a good time for Virginians to reflect on that.
Get the Virginia Key as a .pdf here.
***
The Kentucky “Lockdown” Liberty And Accountability Key Has Been Posted
Freedom and the Rule of Law for the Bluegrass State
Get the Kentucky Key as a .pdf here.
***
The Wyoming “Lockdown” Liberty And Accountability Key Has Been Posted
Freedom and the Rule of Law for the Equality State
Get the Wyoming Key as a .pdf here.
***
The Georgia “Lockdown” Liberty And Accountability Key Has Been Posted
Freedom and the Rule of Law for the Wisdom, Justice and Moderation State
For more C19-related material, please visit The LHC News Hysteria Supplement.