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A state level executive order can direct policy to any office that falls under the Governor's control. So, he can shut down the DMV, courts, etc. However, the Governor's office cannot directly order individuals to stay home without a declaration of martial law. Ordering businesses to close is kind of a grey area. He can't really force the businesses to close although he can order the Secretary of State's office to fine or suspend licenses of the businesses that don't comply. It would only then become a criminal matter if there were continued non-compliance but I'm willing to bet there are some constitutional issues there.
The state assembly can pass laws restricting individuals although I'm not aware that most of his orders made it beyond the EO phase - business closures were signed by the assembly and it is likely illegal but will stand until challenged in court.
A state level executive order can direct policy to any office that falls under the Governor's control. So, he can shut down the DMV, courts, etc. However, the Governor's office cannot directly order individuals to stay home without a declaration of martial law. Ordering businesses to close is kind of a grey area. He can't really force the businesses to close although he can order the Secretary of State's office to fine or suspend licenses of the businesses that don't comply. It would only then become a criminal matter if there were continued non-compliance but I'm willing to bet there are some constitutional issues there.
The state assembly can pass laws restricting individuals although I'm not aware that most of his orders made it beyond the EO phase - business closures were signed by the assembly and it is likely illegal but will stand until challenged in court.
Lets see a cite that supports your martial law only thesis. I have heard it in a number of messages but no one quotes an authority. Off hand it would have to be in the NV constitution.
The martial law provision in the Constitution mentions no such powers. Simply says the Governor can call out the militia in things like invasion or revolution.
Lets see a cite that supports your martial law only thesis. I have heard it in a number of messages but no one quotes an authority. Off hand it would have to be in the NV constitution.
The martial law provision in the Constitution mentions no such powers. Simply says the Governor can call out the militia in things like invasion or revolution.
The Constitution of the State of Nevada and the Constitution of the United States carry full force of law at all times other than when martial law has been declared. Declaration of Martial Law by the President effectively suspends the Constitution and Bill of Rights. Declaration of Martial Law by a State Governor can suspend a state Constitution. At no time can a state Governor override the US Constitution. The sole power to suspend the US Constitution and Bill of Rights resides with the Federal Government.
The laws that grant the People of the US those powers specifically are amendments 9 & 10.
"Amendment 9
- Other Rights Kept by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10
- Undelegated Powers Kept by the States and the People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The powers Sisolak has exercised aren't delegated to the Nevada State Government by the Nevada Constitution and therefore are retained by the People.
He has also directly violated the 1st, 2nd, 4th, and 5th amendments to the US Constitution. See for yourself:
"Amendment 1
- Freedom of Religion, Speech, and the Press
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Amendment 2
- The Right to Bear Arms
A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
Amendment 4
- Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Amendment 5
- Protection of Rights to Life, Liberty, and Property
No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
"
The Constitution of the State of Nevada and the Constitution of the United States carry full force of law at all times other than when martial law has been declared. Declaration of Martial Law by the President effectively suspends the Constitution and Bill of Rights. Declaration of Martial Law by a State Governor can suspend a state Constitution. At no time can a state Governor override the US Constitution. The sole power to suspend the US Constitution and Bill of Rights resides with the Federal Government.
The laws that grant the People of the US those powers specifically are amendments 9 & 10.
"Amendment 9
- Other Rights Kept by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10
- Undelegated Powers Kept by the States and the People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The powers Sisolak has exercised aren't delegated to the Nevada State Government by the Nevada Constitution and therefore are retained by the People.
He has also directly violated the 1st, 2nd, 4th, and 5th amendments to the US Constitution. See for yourself:
"Amendment 1
- Freedom of Religion, Speech, and the Press
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Amendment 2
- The Right to Bear Arms
A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
Amendment 4
- Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Amendment 5
- Protection of Rights to Life, Liberty, and Property
No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
"
An utter fail. The public health capability is a police power of the government that predates the US Constitution and has always been available and does not require a martial law declaration to implement. Any known disease carrier will be detained anywhere until the disease is to the point where they would be safe.
The rest of your writing is simply a word salad with no useful information.
An utter fail. The public health capability is a police power of the government that predates the US Constitution and has always been available and does not require a martial law declaration to implement. Any known disease carrier will be detained anywhere until the disease is to the point where they would be safe.
The rest of your writing is simply a word salad with no useful information.
Yet another ad-hominem attack.
The US Constitution is word salad to you?
Also, as you specified, the medical exemption for quarantine only applies to those who are know to have a disease. Since 99% of the Nevada and US populations have not been tested, there is no way to determine that they are spreading any infectious diseases and therefore the SCOTUS recognized exemption does not apply.
To be honest, I've dealt with several years of you repeatedly slandering me on this board, constantly leading off your responses to me with ad-hominem attacks, etc. You are very well aware that these tactics are specifically against the board rules of engagement.
I'm going to give you one last chance here to make a coherent, well stated response to the facts presented to you and if I get one more ad-hominem attack from you I will be collecting every single example from this board (and there are many) and submitting them to the moderation at city-data for review. You will also be going directly on my ignore list, do not pass go, do not collect $200. Got it?
Also, as you specified, the medical exemption for quarantine only applies to those who are know to have a disease. Since 99% of the Nevada and US populations have not been tested, there is no way to determine that they are spreading any infectious diseases and therefore the SCOTUS recognized exemption does not apply.
To be honest, I've dealt with several years of you repeatedly slandering me on this board, constantly leading off your responses to me with ad-hominem attacks, etc. You are very well aware that these tactics are specifically against the board rules of engagement.
I'm going to give you one last chance here to make a coherent, well stated response to the facts presented to you and if I get one more ad-hominem attack from you I will be collecting every single example from this board (and there are many) and submitting them to the moderation at city-data for review. You will also be going directly on my ignore list, do not pass go, do not collect $200. Got it?
You simply do not know what "ad hominem" means. Sad as you use it all the time. Everything in that response is directed at your writing not you.
So take it where ever you wish. But be aware you may end up in trouble if you do...
And as the US Constitution and the NV Constitution are irrelevant and have nothing applicable to your position. At that point they are simply a filler in your word salad.
There's not much sense in arguing with the mensch they know more than you about everything, has connections in every sector, studied everything there is to study, worked every job there is to work and became an expert in each job, and doesn't know what logic is.
This is not referring to anyone in particular, but I have decided this week it is not worth arguing with anyone who has completely opposite views than I have. My stress levels have since come down since making this decision, so I know it is the right thing to do.
You simply do not know what "ad hominem" means. Sad as you use it all the time. Everything in that response is directed at your writing not you.
So take it where ever you wish. But be aware you may end up in trouble if you do...
And as the US Constitution and the NV Constitution are irrelevant and have nothing applicable to your position. At that point they are simply a filler in your word salad.
Don't threaten me you senile, decrepit old man.
I've been keeping a catalog of your shenanigans for a couple of years now. Sounds like it's time to submit it to the moderators. You're blocked, bye bye.
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