So in an earlier bread I shared that my faggot mayor said an EO by a governor overrides our Constitution.
I sent him a bunch of stuff anons replied with and this is his repsonse:
Dear :
As an elected official my job is to protect people. Remember it was “life, liberty and the pursuit of happiness.” Life is the most important right we have.
I hold a license as a lawyer granted by the Supreme Court of Indian. I took a year of classes of Constitutional history, a year of classes in Consitutional philosophy, two years of classes in Constitutional law, a class comparing our Consitution to the consitutions of other western republics, have read the Federalist papers numerous times, used to teach about Constitutional law and tried cases in Court based on Constitutional principles. I do not mean to sound arrogant but I have studied Constitution in great depth.
Constitutional freedoms in the Bill of Rights are not absolute. One cannot yell “fire” in a crowded theater that then results in a stampede for the exits when a fire doesn’t exist without legal consequences.
We have freedom of the press but there are laws against libel and slander.
We have freedom of religion but it would not allow someone to perform a ritual sacrifice even though the practitioner may claim it is their religion.
There are limitations. The federal statute you cite is not meant for the sort of application you are suggesting and if you read the case law interpreting it I think you would see that. It is important to remember that case law is the essence of our system that interprets the statutes.
Also, remember Constitutional Amendment Ten: that the powers “not delegated to by the United States nor prohibited by it to the States are reserved to the States respective or to the people.”
I am a fierce believer in liberty and our Constitution but I do believe the Governor is on absolutely firm ground with his actions based on the Constitution and state law.
Jim Brainard