Gavin Newsom has been allowing his power to flare across California for too long. He’s stopped using the state’s House and Senate to help establish law and order. Instead, he’s been writing up executive orders as a way to play dictator to residents.
The problem with his role as dictator is that it’s not very constitutional – and there were a few Republican assemblymembers who were ready to call him out on it.
A Sutter County Superior Court Judge sided with the assemblymembers and identified that an executive order Newsom issued on June 3 was unconstitutional.
What does all of this mean? Newsom thought that he could pull a fast one on Californians. He amended sections of the Election Code. Turns out that not only is what he did unconstitutional, but the court also barred him from issuing any further executive orders that would amend, alter, or create new statutory law or legislative policy.
His role as dictator is over. He’ll have to play nice with the House and Senate in order to get any new laws passed. It’s why they’re there – to offer balance and to ensure that one person doesn’t hold all of the power.
Newsom thought that he could do whatever he wanted because the California Emergency Services Act (CESA) gave him the power to legislate. Nope. Not even close.
The executive order specified how counties should carry out an election that is almost entirely ‘vote by mail.’
The problem with the fact that the ruling was just made is that it won’t affect the 2020 election. The damage has already been done. The election process executive order, however, has been invalidated.
The judge who made the ruling, Judge Sarah Heckman, explained that Newsom not only exceeded his authority but also violated the separation of powers.
This is one of the biggest problems with not only Newsom but a number of Democratic governors. They’re using the coronavirus pandemic as a way to dictate over the people. Newsom thought that he could use the pandemic as a way to interfere with election protocol.
It was clear that the CESA did not give the governor the power to do what he did. He was in violation similar to what Gretchen Whitmer of Michigan was found guilty of – not relying on the state legislature and violating the separation of powers.
The courts know that the governor messed up – and they know that he’ll be likely to try it again. They identified that “it is reasonably probable the Governor will continue issuing executive orders which amend statutory law…violating the California Constitution.”
Since they don’t want more people to sue the governor and deal with more cases landing in court, they have issued a permanent injunction. It essentially means that his hands have been tied. He’s not allowed to exercise any more power under the CESA. He’ll have to work with the House and Senate in order to amend, change, or create any new laws. He might not like it, but at this point, he doesn’t have a choice.
The good news is that Californians may get the wake-up call that they’ve needed. If you don’t like the restrictions that are being put onto you, take a look at the leadership that you keep voting in year after year.
Democrats turn to dictators as soon as they’re given any kind of real power. With Newsom, he decided that he could use the pandemic as a way to become the dictator that he always wanted to be.
Why is it that he felt that he needed to write an executive order instead of working with the legislature? Probably because the legislature wouldn’t have allowed him to amend the voting protocol.
His dictatorship is over. He’ll no longer be able to make all of the decisions for the state and hide behind the CESA. Now, if only the other Dems in leadership positions can get their hands tied by state courts, too.
