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Constitutional Law is the highest law of the land. When courts or other bodies of government either avert it or trash it, We The People must place it back in it's authority over all situations. Even pandemics and their Emergency Clauses. If the 56 Signers of the Declaration of Independence were more concerned about safety over liberty, they wouldn't have signed their death sentences to that document. But they did. And over 1/3 lost their lives. Another 1/3 lost their fortunes. The remaining 1/3 fought with their blood a sacred honor to give us the best form of government mankind has ever experienced.
Unfortunately, there are those who just can't stand it when individual rights trump their personal need for money, power, greed and control. And we see this every day with the crimes against humanity being perpetrated by public servants both elected and unelected using a false pandemic to control the masses.
Back to Article I, Oregon Constitutional Bill of Rights. In nearly every Section of Article I, there is a statement that is similar to No Law Shall. No Law Shall means no ordinance, rule, statute, emergency order, executive order, guideline or mandate. Nothing, nada, zip, zilch, zero! And in the 1805 case of Marbury v Madison, the Supreme Court ruled that any law that is contrary to the Constitution is no law at all.
Governor Brown's Executive Orders are anti-Constitutional, illegal and expired. Yes, she had every right to issue them at the beginning of the so called pandemic. But she also put a timeline on them. ORS433.441 specifically states on page 2 that she had 14 days plus another 14 days and if needed, she could request an emergency session of the legislature to ask for another 30 days. All in all, 58 days total. Judge Matt Shirtcliff's opinion in the Elkhorn Baptist et al v. Kate Brown Circuit Court case was correct. Her time was up. No more Emergency Powers after 28 days. But the Supreme Court's response was first to acknowledge they should not be responsible for making up the rules on Emergency Powers but the legislature should. Unfortunately, the legislature was not in session. Hence, they gave a 42 page chiding of Judge Matt Shirtcliff's opinion asking him to recant his ruling. He did not and stood by what he originally stated. Meanwhile, Governor Brown and her minions in the OHA, OSHA and ODE began to spread fear porn and false statistics about COVID 19. And the last two years have been a living hell under their reign and rule.
Our current Commissioner, Tony DeBone, had the opportunity to fight back this State government overreach but chose not to. In fact, his lack of leadership gave way to pandering the Democrats will upon the Citizens of Deschutes County by wearing a mask, promoting the vaccines and not standing up for Citizen's Constitutional Rights to choose their own health care decisions. Indecision in times of horrific abuses of power is inexcusable.
It is way past time to get back to the basics. Law & Order when it comes to State and Local illegal mandates. It is also time to recognize the truth (based upon scientific facts) that we have been duped by the media, Democrat Party, Politicians, Federal, State and Local government bureaucrats.
