Newsom Still Has Emergency Powers

Blkfyre · Mar 25, 2022, 01:11 AM

Quote from: Romanticlover on Mar 24, 2022, 05:16 PMYes I do know that and every Republican was against it, since Democrats control the legislature they got what they always wanted... a dictator to tell them how to live their lives.

You didn't actually read that link did you or you'd know that the laws that give the governor emergency powers have been on the books since 1943 so your conservative rhetoric to trash Democrats to fit your agenda is just that, rhetoric. And no, before you say it, California being primarily Democratic only started around 1992, before that, it was primarily a red state, so they could have removed those powers if they wanted to. Which they didn't because, you know THEY MADE THEM...

Blkfyre · Mar 25, 2022, 01:23 AM

Quote from: Hobby on Mar 24, 2022, 05:18 PMIf the pandemic in the US is over then Nuisance, I mean Useless, oops I mean Newsom emergency powers need to be rescinded by the legislature who granted them. Until then governor's emergency powers will remain indefinitely. Once the pandemic is declared over in the US, Newsom emergency powers will have to end...We will have to wait to see if this happens. Just the way it is!

The problem isn't with the governor exercising his state constitutionally mandated powers, it's with those who don't like him doing so. Let's start off with your argument that the legislature should do something about it. That was asked for and rejected by the very legislature you say should have the power to remove him, thus saying that their decision to keep him should be just as valid as that to remove his powers: https://www.latimes.com/california/story/2022-03-15/democratic-lawmakers-block-gop-effort-to-end-california-covid-19-state-of-emergency

And, as stated before, when taken to the state supreme court, you know, that body that constitutionally exists to counterbalance the legislature so they can't become dictators, the state supreme court decided that their arguments didn't have any merit and dismissed them: https://www.sfchronicle.com/bayarea/article/Newsom-wins-Supreme-Court-cases-on-his-power-to-16380952.php

So two branches of government have said that the governor has the right to have the powers he does and that the idea they should be removed is not what is good for the people...

Romanticlover · Mar 25, 2022, 07:25 AM

And that's why this state us so messed up and the laughing stock of the country. Most blue states and all red states have lifted the mandates, even Bill Maher(a lefty) is criticizing the ridiculous mandates. Either you think giving the Governor broad emergency powers is extreme and unconstitutional or you think it's perfectly fine, I think it's the former.

Danno · Mar 25, 2022, 08:56 AM

allows the state to get federal aid

Romanticlover · Mar 25, 2022, 09:11 AM

Quote from: Danno on Mar 25, 2022, 08:56 AMallows the state to get federal aid

There's a difference between state of emergency and emergency powers, state of emergency allows the state to get federal aid.

Blkfyre · Mar 25, 2022, 10:04 AM

Quote from: Romanticlover on Mar 25, 2022, 07:25 AMAnd that's why this state us so messed up and the laughing stock of the country. Most blue states and all red states have lifted the mandates, even Bill Maher(a lefty) is criticizing the ridiculous mandates. Either you think giving the Governor broad emergency powers is extreme and unconstitutional or you think it's perfectly fine, I think it's the former.

Except it, by definition can NOT be unconstitutional, since the laws giving him the power to were created by the legislature YOU say should be the only ones able to do so, by the political party YOU believe in. And the courts who are there to prevent the laws from being abused stood behind his still having them, again saying that it is not unconstitutional.

Your personally feeling it is wrong, well, that is your right. But you have zero leg to stand on legally or ethically...

Hobby · Mar 25, 2022, 11:27 AM

Quote from: Blkfyre on Mar 24, 2022, 04:39 PMhttps://www.latimes.com/california/story/2022-03-15/democratic-lawmakers-block-gop-effort-to-end-california-covid-19-state-of-emergency

"Last year, the California Supreme Court upheld an appeals court ruling that affirmed Newsom's emergency powers." And that would be why he still has them, because the highest court in the state said he should. Kind of hard to claim dictator when the branch of the government that is responsible for determining if something is legal said yes, yes it is...

Geez that was last year and this is here and now with an opinion s to revoke Newsome executive powers. The emergency powers is on going and some could view his powers as Dictator.

Blkfyre · Mar 25, 2022, 12:16 PM

Quote from: Hobby on Mar 25, 2022, 11:27 AMGeez that was last year and this is here and now with an opinion s to revoke Newsome executive powers. The emergency powers is on going and some could view his powers as Dictator.

Yes, it was last year. But rather than going back to the courts this year to fix it, they instead tried to go through the legislature, implying that they had not gathered anything more to challenge the prior ruling.

And just because it was last year doesn't make the argument any less valid. The last legal challenge to his powers was shut down. That is a valid point to have made.

Hobby · Mar 25, 2022, 02:16 PM

Quote from: Blkfyre on Mar 25, 2022, 12:16 PMYes, it was last year. But rather than going back to the courts this year to fix it, they instead tried to go through the legislature, implying that they had not gathered anything more to challenge the prior ruling.

And just because it was last year doesn't make the argument any less valid. The last legal challenge to his powers was shut down. That is a valid point to have made.

Might have been a year ago but not today. Covid is on its way out, the emergency seems to have ended, so the question is valid! Why is the legislator continuing to allow Newsom emergency powers?

Blkfyre · Mar 25, 2022, 02:30 PM

Quote from: Hobby on Mar 25, 2022, 02:16 PMMight have been a year ago but not today. Covid is on its way out, the emergency seems to have ended, so the question is valid! Why is the legislator continuing to allow Newsom emergency powers?

Then the question becomes why did the GOP try to go through the legislature rather than the courts?

Romanticlover · Mar 25, 2022, 02:34 PM

Quote from: Blkfyre on Mar 25, 2022, 02:30 PMThen the question becomes why did the GOP try to go through the legislature rather than the courts?

Because it was the legislature that gave him the emergency powers in the first place, the Supreme Court generally only rules on whether a law is constitutional.

I will say this again, I don't care what party the Governor is, we cannot give one person broad emergency powers indefinitely unless we are at war or under martial law. Since we are NOT at war or under martial law then the legislature needs to remove these emergency powers.

Blkfyre · Mar 25, 2022, 03:07 PM

Quote from: Romanticlover on Mar 25, 2022, 02:34 PMBecause it was the legislature that gave him the emergency powers in the first place, the Supreme Court generally only rules on whether a law is constitutional.

I will say this again, I don't care what party the Governor is, we cannot give one person broad emergency powers indefinitely unless we are at war or under martial law. Since we are NOT at war or under martial law then the legislature needs to remove these emergency powers.

Yet again you are showing you didn't read before. The governor is given emergency powers in more situations than war or martial law. The law was created BECAUSE of a pandemic situation so it's perfectly appropriate that he has these powers. Powers given BY THE LEGISLATURE. And the legislature has decided it's ok that he continues to have the power, so they don't need to do anything.

Again, I get it, YOU don't believe he should have the powers. But every reason you come up with removing them other than it's your personal position falls apart as he legally was granted the powers, legally extended the powers and both the legislature and courts support his having them.

Romanticlover · Mar 25, 2022, 03:09 PM

I don't care if it's legal, IT'S WRONG AND UNETHICAL!
Would you be saying the same thing if the Governor was a Republican? Be honest...
What if Congress gave emergency powers to Trump when he was President, would you say the same thing? Be honest...

Blkfyre · Mar 25, 2022, 03:30 PM

Quote from: Romanticlover on Mar 25, 2022, 03:09 PMI don't care if it's legal, IT'S WRONG AND UNETHICAL!
Would you be saying the same thing if the Governor was a Republican? Be honest...
What if Congress gave emergency powers to Trump when he was President, would you say the same thing? Be honest...

Yes, because IT'S THE LAW. Unlike you apparently (based on your question about it being a democrat mattering), who judges the worth depending on political party rather than is it legal.

Democrat - Yes I'd say the same thing
Independent - Yes I'd say the same thing
Republican - Yes I'd say the same thing

Hobby · Mar 25, 2022, 05:19 PM

Quote from: Blkfyre on Mar 25, 2022, 03:30 PMYes, because IT'S THE LAW. Unlike you apparently (based on your question about it being a democrat mattering), who judges the worth depending on political party rather than is it legal.

Democrat - Yes I'd say the same thing
Independent - Yes I'd say the same thing
Republican - Yes I'd say the same thing

Emergency Powers were granted by legislator temporary at best. What Democrats are doing by allowing Newsom to continue with these powers is so that Democrats can push through their agenda without a debate or vote! Why else would Democrat legislator sit on their ass... you really believe if it were Republicans with a Republican Governor the Democrats wouldn't be pushing to get the emergency powers rescinded? Come on you know how the political game is played, the party in power will keep what ever advantage going until the power shifts to the other side.