“SEPARATION OF POWERS”

by Sharon Rondeau

https://www.youtube.com/watch?v=Bzk_Uur6aHA

(May 26, 2020) — On her YouTube channel Tuesday, constitutional educator and “liberty” advocate KrisAnne Hall and her husband JC shared photographs from the event they attended in Sacramento, CA over Memorial Day weekend capped by a rally on individual rights, the “consent of the governed,” and what Hall sees as the limits on gubernatorial and legislative powers.

Hall said that “thousands” attended the rally and that there were a “spotter and sniper” on the roof of the Capitol building as she addressed those assembled.

While JC said he could not be certain that “a sniper” was present, “they always work in pairs.”

A former Florida prosecutor, Army veteran and author, Hall contended that California Gov. Gavin Newsom overstepped his authority by issuing a stay-at-home order in March which continues to shutter schools, businesses and other private enterprises as a result of the coronavirus.

On May 1, protesters gathered in the same place to urge Newsom to “reopen California,” resulting in a reported 33 arrests, according to a local CBS station in an article titled, “‘Re-Open California’ Protesters Gather At State Capitol, Again Flouting Social Distancing Orders.”

The rally appears to have been organized by a group by the same name as posted on Facebook on April 24.

Americans have been told to stay at least six feet away from others if they must go out in public and, more recently in many states, to wear a face mask except for those who have medical conditions precluding it.

During the Halls’ Tuesday broadcast, The Post & Email learned that it was mistaken when it reported Monday that the Sacramento rally took place on Monday.  Rather, it occurred on Saturday, according to Hall’s website.

The video at the time was indicated to be a “livestream.”

Our article generated considerable discussion as to the powers of a state’s chief executive, particularly in “emergency” situations.

An entry for the Sacramento event at rallylist.com appears to have been removed, with upcoming gatherings around the country focusing on an effort to “cancel the rents.”

 

Back in their home state of Florida on Tuesday, Krisanne said that the “Open” movements in Illinois, Virginia and Alaska have invited her to speak at their respective rallies calling for full reopening of their economies.

According to CNN on May 21, Alaska was set to “reopen” virtually all economic activity on Friday “with a handful of restrictions remaining in place.”

Later in the broadcast, Hall decried Kansas Gov. Laura Kelly‘s veto of a resolution passed by the state’s legislature aiming to “limit her emergency power” in the wake of her coronavirus shutdown orders.  “Gov. Laura Kelly not only vetoed the measure approved by lawmakers in the last moments of their 2020 session to curb her emergency powers, but promised to issue a new emergency declaration to replace one that was set to expire. Many Republicans believe she doesn’t have the legal authority to do that,” the AP reported via The Washington Times.

“It is the legislators that created the emergency provisions that expanded the governor’s power beyond constitutional authority to begin with…” Krisanne said, adding that the “separation of power” in the Kansas constitution between the chief executive and the legislature was “violated” by the legislature itself by allowing the governor additional authority.

Article I of the Kansas constitution dealing with the “Executive” branch of the government states, “The constitutional officers of the executive department shall be the governor, lieutenant governor, secretary of state, and attorney general, who shall have such qualifications as are provided by law.”

Hall contended that the Founders “are smarter than our legislators today and why our Founders set up separation of powers to begin with.”

“Legislators cannot lawfully delegate powers to the executive that the constitution doesn’t delegate in the first place,” JC said.

 

 

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  1. From the US Supreme Court:

    ”But the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good. On any other basis organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy. Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others. This court has more than once recognized it as a fundamental principle that ‘persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health, and prosperity of the state; of the perfect right of the legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.’” in HENNING JACOBSON, Plff. in Err., v. COMMONWEALTH OF MASSACHUSETTS. 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643

    https://www.law.cornell.edu/supremecourt/text/197/11