We have previously shown that the governor has no authority to order Louisiana citizens to be quarantined when they are not sick.
In his most recent Executive Order, Gov. Bel Edwards would like us to believe that he has the authority to order businesses to require owners and employees to “wear a mask or face covering when having interaction or contact with the public.”
HE DOES NOT HAVE THE AUTHORITY!
Louisiana’s constitution is clear when it states in Art. II sec. 2: “…no branch may exercise power belonging to another.” Art. II sec. 1 provides “The legislative [lawmaking] power of the state rests exclusively in the legislature [Senate & House of Representatives].”
What does this mean? This means that the governor cannot use Executive Orders to create law, because that is the job of the legislature. The courts agree with us:
On December 14, 2016, Judge Todd Hernandez of the 19th Judicial District Court issued an order declaring another of the governor’s executive orders to be illegal as a matter of law. The court stated that the executive order was “a violation of the Louisiana Constitution’s separation of powers doctrine and an unlawful usurp of the constitutional authority vested only in the legislative branch of government.” The court explained that the Executive Order was “an unlawful ultra-vires act [beyond his power] because, regardless of [the governor’s] intent, the effect of its adoption and implementation, creates new and/or expands upon existing Louisiana Law as opposed to directing the faithful execution of the existing laws of this state pursuant to the authority granted unto the office of the Governor to issue executive orders.”
So, the court not only stated that the governor cannot use Executive Orders to create laws that do not exist, but went further to say that he cannot even use the orders to expand a law that already exists. The court stressed that the legislature creates our laws, and the governor’s job is to execute or make certain that the Constitution and laws of the state are followed. THAT’S his job.
When the governor appealed the District Court’s order, the Louisiana First Circuit Court of Appeal on November 01, 2017 upheld the district court’s opinion that “the limited power of the governor to issue Executive Orders does not inherently constitute authority to exercise the legislative lawmaking function.”
When the governor appealed his case to the La Supreme Court, his position was so weak that the court refused to even hear it.
Has the governor used Executive Orders to create law during the Covid “Crisis?" We believe so, because there is no current Louisiana law that:
1. orders citizens to “stay at home unless performing an essential activity” (except for those under house arrest);
2. separates businesses or activities into categories of “essential” and “nonessential” for the purpose of ordering citizens to shelter in place;
3. limits the number of people who can gather/associate during an emergency;
4. limits when people may gather or associate;
5. limits people gathering/associating on private property;
6. restricts how close people may be to one another;
7. prohibits a legal enterprise from doing business;
8. allows certain businesses to operate while prohibiting others from same;
9. creates a list of essential products and services;
10. allows only providers of “essential” products and services to do business;
11. requires business to be done only from certain entrances and exits;
12. details the manner in which a business may deliver/provide its products or services during an emergency;
13. details certain activities that businesses may conduct, which employees may conduct such activities, and how close employees may be to each other while conducting such activities during an emergency;
14. restricts food and drink establishments from allowing customers to consume their purchases in or on establishment premises;
15. restricts indoor or outdoor seating of food and drink establishments beyond that which already exists in law;
16. prohibits table service in food and drink establishments;
17. orders hotels that they “may” operate;
18. orders hotels to have their restaurants serve only certain clientele;
19. orders hotels to only allow their restaurants to provide room service;
20. prevents citizens from earning a living to provide for themselves and their families.
THAT’S RIGHT, FOLKS—OUR GOVERNOR IS CREATING LAWS AND EXERCISING POWERS THAT HAVE NEVER EXISTED!
So, where is the legislature in all of this, you may ask? Some have made a bit of noise about getting our economy going; however, what they should be doing is honoring their oaths to protect and defend our rights under the constitutions by voting to end Governor John Bel Edwards’s tyrannical power grab, outrageous mandates, and fundamental rights violations.
NO BRANCH OF GOVERNMENT HAS THE AUTHORITY TO “TEMPORARILY SUSPEND THE RIGHTS OF THE CITIZENS!”
1. Contact the governor and tell him that he has violated his oath of office and has no authority to tell citizens what to wear, where to be, or what they can purchase at a store...unless they are in prison:
Phone: (225)342-7015 or (866)366-1121
Email: https://www.gov.louisiana.gov/index.cfm/form/home/4
2. Contact the legislators (Senators & Representatives) and tell them to uphold their oaths to protect and defend our rights under the constitutions by voting to end the state of emergency:
Senators: http://senate.la.gov/Senators/byparish.asp
Reps: http://house.louisiana.gov/H_Reps/H_Reps_ByParish.aspx
3. Start Exercising Your Rights Again.
LA Constitution:
http://senate.la.gov/Documents/Constitution/constitution.pdf
U.S. Constitution:
https://www.archives.gov/founding-docs/constitution-transcript