From the Edgar County Watchdogs:
We are of the opinion the Memorandum we obtained today is a game-changer for Illinois and a clear shot across the bow of Governor Pritzker’s Executive Order.
From day one we have questioned the overreach and legality of elements of the Executive Orders and now it appears all of our positions have been validated by the Chief Deputy Director of the Illinois Appellate Prosecutor’s Office, David J. Robinson in his memorandum to the Director of that office.
We greatly appreciate that finally a legal analysis is provided with clear language, case law, and supporting footnotes to support the legal position as to how our laws are to be applied. We thank him for confirming many of the very arguments we presented in numerous articles covering Governor Pritzkers Executive Orders.
The entire document is a MUST read and can be downloaded here or viewed below.
Some Key points are as follows:
- A cursory review of the EO (and extension) reveal clear – although potentially justified – infringements on the constitutional rights of Illinois citizens.
- Article I, §23 also specifically accounts for citizen’s being responsible for their actions to preserve liberty, as follows: “A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty. These blessings cannot endure unless the people recognize their corresponding individual obligations and responsibilities.” Implicit in §23 is idea that emergencies may require adherence to individual responsibility rather than suspension of Constitutional rights. Implicit in §23 is idea that emergencies may require adherence to individual responsibility rather than suspension of Constitutional rights.
- To that end, Article V (The Executive) does not provide emergency powers to suspend constitutional rights, nor does Article XII (Militia) permit the Governor to organize the militia except to “enforce the laws, suppress insurrection, or repel invasion.” This is likely why the Governor has taken the position he has taken regarding enforcement, as well as why he did not cite any constitutional authority in the E0.8
“The Governor cites several sections of the Emergency Management Act (20 ILCS 3305/7(1),(2,)(8),(10},(12} (Emergency Powers of the Governor) as authority for the EO. Putting aside the axiom that statutory law may not supersede the constitutional rights of citizens, other problems exist here as well.”
- And finally, the Act appears to provide the Governor a maximum 30-day window. 20 ILCS 3305/7 (West 2018}(“Upon such proclamation [of a disaster], the Governor shall have and may exercise for a period not to exceed 30 days following emergency powers. . . “).11
“My research leaves me less than confident that a reviewing court will hold that the Governor has the authority close businesses, bar attendance at church services and assemblies in excess of ten citizens (particularly if they are assembling to redress grievances). From a strict enforcement standpoint, although well-intentioned on an emergency basis, the EO is very broad and does not appear to meet strict scrutiny – this is not to mention the EO appears to be beyond the framework of the specific Act it cites as support.
See the entire story here: https://edgarcountywatchdogs.com/2020/04/breaking-illinois-appellate-prosecutor-chief-deputy-director-memorandum-very-problematic-for-governor-pritzker/?fbclid=IwAR017gSJsW1p_GEMaZSmbFEcMdjlV9hOC-JshqZ3-5OXBYafjRHGg0ZKcpI
I highly doubt that the people who wrote this ruling ever thought that a pandemic would occur that could wipe out the residents of this state or the world. I believe the Governor is doing a great job of keeping us safe.
Financially he is destroying the state and people’s lives. Everybody will get it eventually unless you want to live in a bubble. Most people don’t
Karen Cook, You are entitled to your opinion no matter how wrong or ignorant of true citizens personal rights you may be. No doubt you fight for illegal aliens that have no rights, freeing of felons (ditto), …saying you have to protect their rights using the constitution. But you refuse to allow real citizens to enjoy their rights as guaranteed by the constitution.
You show your ignorance of world history. Pandemics have been with is since the beginning of time and will be after. No one is for seeing people getting sick and dying. However, the truth of the matter is that a high majority of people in our area that have contracted the virus has survived and incidents are low here. Last I checked, we still have freedom of movement and the right to assemble. JB was personally responsible weeks ago when he panicked everyone and thousands of people all went to the grocery store at once that could have affected hundreds. He isn’t responsible for protecting anyone only getting off on his new found political power. Hide in your house for another month or longer. I’m getting back to my life without wearing a mask.
Until we stand up and take back our rights from this tyrant (King Jay Bee) this is all meaningless. We are seeing some areas outside of Chicago that are not blindly following this BS. We have a politician filing with the courts to look into the situation. A sheriff who has indicated he will not enforce these rules. A city council in southern Illinois who is going to meet to determine if they will open up retail locations now. So rather than go to Springfield to honk your horn at the state capitol (Jay Bee can’t be bothered to be there anyway). The time has come for a grass roots approach beginning at your local municipalities home for government. All we want is the right to life, liberty and the pursuit of happiness guaranteed by the constitution. Not the ignoring of downstate Illinois which we have seen for 6 weeks.
Remember when all this first happened? Wasn’t their a bar owner in Wapella or Clinton who tried to stand up for His rights. We should have started the day they made him close the bar. Let’s see who goes to help when a lone man stands up for his freedom and our constitution. Remember Robert LaVoy Finicum? Remember Randy Weaver? This has been coming for a very long time? Step out of line? The government will go to great lengths to make you behave. Ya’all Pritzker gave s three days notice! You don’t give people notice when you are closing small businesses for a crisis. YOU DO IT NOW because it’s a crisis? Things don’t add up. WakeUpandRiseUp!
Karen if you want to believe that the folks who wrote the ruling were too stupid to understand basic tyranny then that’s your business. IMO and of many, once the ruling is challenged in court Jelly Belly Pritsker will lose (taxpayers money for defense costs). He is wrecking the state not only economically but in the name of freedom and liberty he scores a big fat (fittingly) ZERO.
I do not believe the people who wrote the ruling were stupid. I do not believe as I said they had any idea that this type of event could ever happen. My parents and the people in my family before them went through the depression alive so that I could be here today. I want to enjoy this world and $$$ is not the key to that enjoyment. You do what you want but I have a right to say how I feel about this, just as you do.
The only way to be safe is to spend the rest of your life locked away. Have fun.
Karen, as I said you have the right to voice your opinion no matter how wrong you may be. If you aren’t comfortable, build a bomb shelter and live in it for the rest of your life. Guessing by your comment your are no longer working for a living and on a pension or SSI. Many of these people are not and need money thru work to survive. So live in your bomb shelter, I am fine with that. I hope you might show the same courtsey to the rest of us and let us live our lives as we see fit. It is not all about you!!!
Karen, do you know suicides are up? Do you know child abuse is up? Do you know domestic/spousal abuse is up? Do you know in many areas of the country there have been far more small businesses have to call it quits or start making some very difficult decisions than there have been even confirmed CASES in that area let alone deaths? Do you understand that in some smaller less well organized or less developed countries that there are already food shortages which are causing food panic and food riots? Do you know many kids are NOT getting any sort of “homeschooling? This is for various reasons but the fact remains they aren’t learning much of anything, not that they do in many public schools anyway but at least they are in a learning environment (sort of) for a part of the day. Do you know farmers are giving away some of their early crops and dairy farmers are dumping milk because these are perishables and they used to sell FAR more to restaurants and bakeries than they can now? Do you understand that depression is growing among the elderly who are missing REAL visits from their friends and families? Do you know that many older people have friends in nursing homes that they used to visit on a regular basis and they can’t now so even that simple pleasure is taken from them? Do you realize that people can not even see or be with thir dying relatives or friends and then can’t even have a timely funeral or celebration of life when they pass? Do you know also that many older people have built their daily routines around “coffee with the men” or “coffee with the ladies” at small local cafes or even just a McDs? This is gone for them now and they can’t even have such and such a date to focus on because the goal posts keep being moved. No, you probably don’t think of all that Karen you just know “STAY HOME STAY SAFE!” and that’s pretty sad.
This in not a pandemic it is a VIRUS! Plain and simple
. Just remember who is spewing the numbers out. Pritzker is under FEDERAL investigation for LYING on his taxes. Can you really trust someone who has lied and lied again?
To follow up. The sheriff previously mentioned is in Douglas County, IL He indicated he will not enforce some May 1st rules. When Jay Bee was asked about this on Friday he stated, “I feel sorry for those in Douglas County.” This is important. He did not indicate he was going to do anything about it because I believe he knows he can not. I also feel he is afraid if he did and lost, his rule as King would be brought to an end. He is playing liar’s poker and we have a few who are tired and are calling his bluff. On Saturday Jay Bee got caught in another lie. In the past he has stated he does not watch Trump’s press conferences. One of his statements on Friday was directly related to things Trump has said in Trumos’ Thursday press conference. When asked to explain this apparent lie Jay Bee indicated he watched news media sound bites. So we have a gov. who is basing his comments on heresay editing by a biased media or is just a liar. I actually pick both.