Constitutional Law vs. the Totalitarian
Mis-Governance of the State of California
By: Shoshoni
The Constitution establishes a central Federal system of Government as well as individual State Governments. Both Federal and State Governments are Sovereign and possess independent Government power.
However, the power that is given to the States through the “10th Amendment” of the Constitution is defined by the Constitution’s “prohibition of the State’s exercise of limitation on, or the denial of its citizen’s fundamental rights” and by the Constitution’s delegation of exclusively Federal power.
The 10th Amendment gives “limited powers to the States” to control the welfare of its citizens. The tenth amendment also allows the States to control other aspects of its State and public lands as long as the Federal Government does not have a “supeceding interest.” This is called “Federal Preemption.”
The State Governments and its Governors have no power of control over Indian Reservations which are held in trust as Sovereign Lands by the Federal Government for the Indian Tribes of the United States. California has a number of Indian reservations, and Indian Tribes that have all been shut down in the State of California without the permission of the Federal government.
Moreover, the majority of the land in California is owned and controlled by the Federal Government because that land is part of a vast network of military bases which are the domiciles of a large number of military personnel.
All Federal land and its residents are controlled by the Federal Government. Therefore, the California State Government has no Jurisdiction to dictate health policy on either or to enforce the shut down or behavior of its residents.
How do we, the citizens of California who live in State on land controlled by the State, retrieve our lost freedoms which have been removed illegally and unconstitutionally by a dictatorial State legislature, various autocratic Mayors and an out-of-control “Kleptocrat, Tyrant of a Governor”?
That process begins by individual Californians understanding their Constitutional rights and acting accordingly. The only reason that the Governor of California and his draconian minions are getting away with this tyranny is because we do not know that “they need our consent” to get away with their “unconstitutional, un-lawful, unconscionable violations of out liberties!”
Governor Newsom and the Mayors of San Francisco, Los Angeles and other Cities “have no Constitutional, legal or lawful right to do shut down our State and put us under civil incarceration”
They are threatening to continue this treachery indefinitely! Worse, they are restricting our freedoms and discriminating against individual citizens in favor of others. That includes discrimination against legal citizens in favor of non-citizens Crest et al. v. Newsom et al. who are living in the country illegally and residing in the State of California. http://stateofthenation.co/?p=14389
Furthermore, they are letting criminals go free while the law-abiding legal citizens and residents are forced to remain imprisoned in our homes, forced to wear masks and remain in arbitrary lines every time that we are allowed to go outside. Moreover, they are putting business owners in jail and letting predatory, dangerous criminals out of prisons, who are preying on us and ramping up the fear. https://youtu.be/PKTTBpTeM8E
That is called “State sanctioned terrorism of its own citizens!” Therefore, we must “refuse to give them our consent, refuse to comply and demand that they follow the law!”
Know your individual Constitutional Rights!
The Constitution protects the “Fundamental Rights” of the people through the “Equal Protection Clause,” the “Privileges and Immunities Clause,” and by selective incorporation through the “14th Amendment.” They guarantee certain “fundamental rights” enumerated in the “Bill of Rights” and the “1st Amendment” of the Constitution to all citizens and legal residents of all of the 50 United States.
These clauses along with the “14th Amendment” have helped to curb “State Governmental overreach” and the “misuse of the 10th Amendment” pertaining to those rights.
“Fundamental rights” include the right to privacy, the right to procreate and to control the health education and welfare of your children, the right to travel, “the right to refuse involuntary medical treatment” and “the right to vote.”
If the State seeks to violate the voting rights of one group of its citizens in favor of others including non-citizens it is an illegitimate and “Unconstitutional use of State power” and it must be stopped! (Darrell Issa, et al. v. Gavin Newsom, et al.
That is what the Democrat controlled State of California has been denying its Republican voters in favor of the Democrats for Decades. Now the Governor of California State of California with his Executive Order N-64-20, is demanding vote by mail!
This makes it way too easy for those Democrats in power to cheat even more than they already have been. http://stateofthenation.co/?p=14289
Therefore, it is abundantly clear that this lockdown and its continuance serves an illegitimate Democrat driven political purpose and that purpose seems to be “Election Fraud.”
The “First Amendment” gives to every citizen and legal resident of every U.S. State and U.S. territory, freedom to assemble, freedom of association, freedom to travel, freedom to control the health of one’s own body, freedom to control the health, education and welfare of one’s own children, freedom of speech, and freedom to contract.
The Constitution of the United States guarantees each citizen the right to “Substantive Due Process.” Due Process prohibits State Governments from creating State legislation which removes or diminishes certain fundamental rights of its citizens.
Under the “Substantive Due Process Clause” of the Constitution there can be no taking of life, liberty and property, which includes any property interest without “Procedural Due Process.”
Under the “Procedural Due Process Clause.” No fundamental right of an individual can be removed or infringed without review by the courts. This review requires “Notice and a Hearing.”
Procedural Due Process requires that the Government prove that the governmental interest is so compelling that it supersedes the right of the individual and that the Government provides each individual the right to “Notice and a Hearing” when those “Fundamental Rights” are being infringed or removed.
Governor Newsom has put all of California’s Residents under house arrest on the pretext that all of us are carriers of disease and guilty of being “Typhoid Mary” without any proof that Covid 19 is any more contagious than the seasonal flu or the cold.
Moreover, it is a fact that Governor Newsom, Mayor Garcetti, and the present Mayor of San Francisco have consistently failed to respond to the the various plagues that their kleptocratic Governments have had a hand in creating in two of California’s largest cities.
The decline of the City of San Francisco is the direct result of the criminal City Government that Governor Newsom controlled and created in the first place.
This incarceration in our homes is causing the “destruction of only our small businesses” and the “restrictions on our churches is violating our right to religious freedom. The Constitution prohibits “excessive State entanglement with or control of any religion!” http://stateofthenation.co/?p=14403
“The Dormant Commerce clause” limits State regulation of interstate commerce. Especially when it “discriminates against one group of businesses and not others.” “If it is discriminatory on its face that regulation will be held to be unconstitutional.”
Even though the State can discriminate when it is connected to health and safety, it must show that “the discriminatory purpose is actually proven and that there are no other less discriminatory alternatives.” Moreover, the dormant commerce clause requires that it does not impair private contracts.
Private contracts being impaired include all of the businesses that the Governor of California is interfering with and refusing to open up. It purposely discriminates against small individually owned businesses, service businesses, family owned non franchised restaurants and independent contractors.
Moreover, the Governor seems to be targeting any business that would improve the health of California’s citizens and make them happier such as hair and nail salons, barber shops, beaches, golf courses, theme parks, jogging trails, ball parks, movie theatres and gyms.
There is no reason that people should not be allowed to go outside to parks and beaches or go outside and then be forced to wear masks when the purpose is to protect health. Masks impair health and are not uniform or regulated, therefore they are wholly ineffective.
This continued shutdown is predicated on lies and terrorist type fear mongering. It is against the law to yell “fire” in a crowded theater and that is essentially what this rogue Governor and certain Mayors and Legislators are doing to the residents of California.
Their tyrannical actions continue to violate all of our fundamental rights, including our right to due -process, without any kind or proof of a compelling Government interest through any notice or any hearing and it has to stop! The only way to make it stop is not to comply with this tyranny!
The “interstate commerce clause” which is controlled by “the House of Representatives” and is their most important job, also “supersedes the 10th amendment.” However, the House of Representatives is run by Speaker of the House, Nancy Pelosi, who is the Governor of California’s Aunt. https://www.brighteon.com/61769e4f-c95d-4a5f-aafb-bda958e96028
The House of Representatives has been held hostage by this “Trump-hating crone” and it has remained closed so that the House of Representatives can’t or won’t do their jobs by going back to work, although they are still paying themselves.
Therefore, they are in breach of their oaths of office which requires them to protect and enforce the laws of the Constitution of the United States by staying open in times of crisis. Their most important job is to use their plenary power to regulate commerce across state lines and to open up all businesses in order to make commerce uniform across all fifty States. This is especially true, because of the current threat to our economy and the need for its recovery.
Because of her many crimes against the people and the office of the President and her breach of her oath of office to the the Constitution of the United States, with her refusal to go back to work being the latest, the people should “declare Nancy Pelosi non-essential” and remove the current Speaker of the House for malfeasance and absent without just cause.
The main lesson that the Corona Virus was intended to teach the human race is; do not revolt against the Communist Party in Hong Kong, Macron in France, Merkle in Germany, the E.U. in Britain, the Deep State in America, the Status Quo, and the Totalitarians in charge of the New World Order. You will be punished for being a “Deplorable Christian” a “truth telling journalist,” a “courageous doctor” a “vaccine research scientist,” an “epidemiologist whistleblower,” or an outspoken Conservative in California and you will catch the plague!
“There is no other way for the anti-terrestrials in charge to stop the populist movement from awakening on this planet except to exterminate it into extinction; and to lie about it every step of the way”
~ Shoshoni
May 2020