The actions by New Mexico Governor Michelle Lujan Grisham to invoke emergency powers to take away gun rights has aroused some consternation. See the video below:
This is a big deal because emergency powers were used during the pandemic to take away constitutional rights here in North Carolina and around the nation. We rode this horse previously. In fact, numerous constitutional rights were taken away here in North Carolina.
But this is really a simple matter of law and the basic constitutional order.
The US Constitution– and each state Constitution– are higher laws than any emergency powers law that a state legislature might pass. She is claiming power based on a faulty premise that a law passed by the state legislature entitles her to suspend the Constitution.
She has no right to take away anybody’s constitutional rights– just as Roy Cooper and Mandy Cohen did not have that right in North Carolina. When the plain language of the Constitution conflicts with a law passed by the legislature or an edict issued by a governor, the Constitution is supposed to prevail because it a higher law.
These public officials took an oath to uphold the Constitution. They are violating their respective oaths of office.
Legislators muddy the waters when they pass these laws granting emergency powers. Republicans are just as guilty as Democrats in this regard.
Why do these governors get away with this behavior? Because there is nobody to hold them accountable. Here in North Carolina, the state Attorney General– Josh Stein– was on the governor’s team and helped him draft the emergency orders. He would have been the obvious person to prosecute the governor, but he was part of the plan.
The Republicans in the General Assembly sat on their hands. District Attorneys and County Sheriffs sat on their hands. Pastors and denominational bodies throughout the state sat on their hands with the exception of a precious few.
Now the evil socialists are talking about invoking emergency powers over the “climate crisis”.
Citizens need to wake up. Christians and pastors needs to wake up.
And Republicans need to wake up.