The simple, indisputable legal basis for reclaiming freedom from all “lockdown” edicts in the Great Lakes state.
(The Texas and Virginia 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 legislative power– the power to make laws– 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 are added):
Sec. 1. 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 with 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.
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. Any basis– even an enactment of the legislature itself– on which the governor claims to be provided with the power to make laws to which everyone in Michigan is subject is manifestly unconstitutional and void, per the foregoing simple and straightforward legal facts. The governor is prohibited from being given, having, or exercising any such power.
Any edicts issued by that office (or by its subordinate offices) are directives to state executive-branch workers only. They are not laws of general application, and cannot be.
P.S. To get this Liberty Key as a .pdf which can be printed and carried about when resuming the exercise of your rights, 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 Key Has Been Posted
Let’s call it the “Don’t Mess with Texans” instrument…
The Virginia “Lockdown” Liberty 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.