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The Legality of Covid

Sue Hirsch
3 min readMar 30, 2020

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I have a friend who is a lawyer, and has broken down how the mishandling of the current global crisis, by the powers that be has given California the right to secede. Here is how she put it to our Governor, Gavin Newsom:

I entered law school in 1989 ….That said, nothing in all my years of training and experience have prepared me to definitively discuss situations in which the law itself is rendered illegitimate by a unchecked tyrannical executive. ..
… The Tenth Amendment to the U.S. Constitution holds that….The Constitution and the laws of the United State do not grant the President of the United States the power to declare a non-state of emergency. Therefore, such a declaration by Trump would have no force in California, except — possibly — in regards to federal offices, few of which are closed now regardless. See, Johnson v. Maryland, 254 U.S. 51 (1920) (state may not require U.S. Post Office employee to have a drivers license when driving a mail delivery truck). As the responsibility of protecting lives, health and safety in a STATE is primarily the duty of a STATE, Governor Newsom has the authority to not only issue a contrary declaration to that of Trump, but use all the instrumentalities of the State of California and its political subdivisions to enforce it in California, including all police and military forces.

Nevertheless, the potential harm that such a declaration by Trump would likely cause could require California to declare that our Republic is no longer under U.S. government authority. Only yesterday…

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