
On Tuesday, the WI Supreme Court heard oral arguments regarding Gov. Evers’ extension of his stay-at-home order. Assistant Attorney General Colin T. Roth had just begun his argument in defense of Gov. Evers when Justice Rebecca Bradley read him Article 1, Section 1 of the Wisconsin Constitution.
“My question for you is, where in the Constitution did the people of Wisconsin confer authority on a single unelected cabinet secretary to compel almost six million people to stay at home and close their businesses and face imprisonment if they don’t comply — with no input from the legislature — without the consent of the people,” she said. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities? Where does the Constitution say that’s permissible counsel?”
Needless to say Roth had no specific answer.
FYI, the Milwaukee Journal Sentinel DID NOT print the above portion of Bradley’s quote in red. Seems like a pretty significant quote to leave out.
Justice Bradley pinned on the head. But what is the the final answer about the date to open up?
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Has yet to be decided.
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Well, IF you ignore the establishment of legislature in Article IV section 17 of the WI constitution, AND that Chapter 250.04 (1) of the Wisconsin Statutes was made into law “by the will of the people” via the elected legislators, the I suppose that might be a good question. Perhaps it’s time to put some limits on that law, but this doesn’t stand as a good argument as is.
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What would/could they do if everyone opened up at the same time? They cannot arrest everyone who opens and the shoppers?!!
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Great question. Depends on the jurisdiction and the police chief’s/sheriff’s stance on how serious they take the stay-at-home order. Given what’s going on, I wouldn’t take any chances,
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