(LFC Comments: Constitutional expert Tom Niewulis speaks out Coronavirus and Liberty)
Saturday on Samuel Adams Returns – The Anti-federalists Got It Right: “Coronavirus and Liberty“
Broadcast: Listen Saturday at 1AM (10 PM Pacific) or 9 AM and 7 PM Eastern on www.lwrn.net
Coronavirus and Liberty
I have been getting a number of questions about Coronavirus and Liberty in regards to what happened in Ohio. Is the cancelation of the Ohio election an Ohio Constitutional Crisis? The simple answer is No. How it affects Liberty is a longer discussion that I will be more completely covering on Saturday’s Program.
Ohio Constitutional Crisis?
I can give you a resounding NO as an answer. The Ohio Constitution does not address this but the Ohio Revised Code (ORC) does.
Chapter 161: EMERGENCY INTERIM GOVERNMENT of the ORC’s deals with what is an emergency and what powers are given to the political and bureaucratic entities. One must clearly understand that in 1963 this section of the ORC fundamentally establishes great powers given to those entities. With that, Section 161.01 EMERGENCY INTERIM GOVERNMENT DEFINITIONS section (D) states:
“(D) “Attack” means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the state in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.” (emphasis added)
In particular, Section 161.09 POSTPONING ELECTIONS states:
“In the event of an emergency resulting from enemy attack, the governor, his successor, or interim successor, shall, when in his judgment the public interest requires, postpone any state or local election for a period not exceeding six months. When, because of conditions resulting from an enemy attack, a scheduled election is not held or scheduled appointments cannot be made, the elected or appointed incumbents of affected offices, or their emergency interim successors, shall continue to hold office until their successors are elected or appointed and duly qualified.”
ORC Chapter 161 is the simple answer as to why Gov. DeWine acted as he legally could.
Although acting legally, the Governor, Administration and Secretary of State acted foolishly.
The gist of this is that that they waited, literally, to the last minutes to Postpone the election. The citizens should have been better informed.
The first act of foolishness was in effect proroguing (dismissing, put off or delaying) the Legislature. How is this? By pressing the number of persons able to meet, initially to 100 then to 10. The Legislature fundamentally was prorogued even if we concede it was self-actuated.
The action of Postponing the election could have been handled like Louisiana which acted about a week prior to March 17th. So too, Ohio could have acted and communicated earlier so that all Citizens were better informed and the Rule of Law better explained, i.e. Section 161.09 of the ORC.
Is Liberty affected? A resounding YES is the answer. The issues are several but the point not being spoken of clearly is what President Trump said in a White House update yesterday, to the effect, we are at war and he considers himself a war time President.
We are seeing a number of ‘War Powers’ being enacted. Therefore, the Governor of Ohio or for that matter any Governor should be communicating that they are all acting as War Time Governors.
Since Governor DeWine is acting according to Chapter 161 of the ORCs then he should be communicating through all modes to every Citizen.
Since many Ohio Citizens live in rural areas and have given up cable TV, cannot get digital TV nor any radio that has news talk – better communications of critical decisions should be looked into. Gee, their State Representatives and Senators should be directly engaged with their constituents in critical times as this type of decision mandates.
To keep this short I will be covering this in more details with the reflection into our “Mirrors of History” on my program Saturday. The program video and podcast will be available at https://samueladamsreturns.net at 10 AM on Saturday.