Resolution to End Governor’s Emergency Powers Announced by Assemblymembers Kiley and Gallagher

Press Release

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SACRAMENTO – Under Section 8629 of the California Emergency Services Act, the Legislature has authority to terminate the Governor’s emergency powers. Assemblymembers Kevin Kiley (R-Rocklin) and James Gallagher (R-Yuba City) are introducing an Assembly Concurrent Resolution to exercise this statutory prerogative.

A “State of Emergency” in California is a legal term describing not merely conditions of extreme peril, but also the inadequacy of state and local institutions to combat the threat within the constraints of the State Constitution.

“This Resolution is meant to restore a proper balance between the legislative and executive branches,” said Assemblyman Kiley. “To the extent the Governor retains extraordinary powers, they should be limited in scope in coordination with the Legislature, which has authority to terminate those powers altogether.”

Since proclaiming a State of Emergency on March 4, Governor Newsom has issued 39 Executive Orders, unilaterally changing 200 laws spanning most sections of the California code. This includes creating new voting laws for an election six months away and overhauling Workers’ Compensation rules.

“We must take action to restore representative, constitutional government,” Assemblyman Gallagher said. “The Governor has clearly overstepped his authority, from arbitrarily changing state laws, to using state agencies to threaten small business outside of their legal jurisdiction, to spending money outside the scope of legislative authorization. It is incumbent upon the Legislature to restore the balance of powers.”

The nonpartisan Legislative Analyst, in a report Sunday on the Governor’s May Revision, was “very troubled” by the authority the Governor seeks to take away from the Legislature. The report concludes: “we urge the Legislature to jealously guard its constitutional role and authority.”

“The Emergency Services Act was designed to grant extraordinary powers to a Governor under conditions of extreme peril,” Assemblyman Kiley said. “It was not meant to give a single person the ability to remake all of California law indefinitely. An open-ended state of emergency, with boundless powers vested in a chief executive, is incompatible with democratic government.”

24 COMMENTS

  1. Who are these idiots trying to make a name for themselves? Give them some Hydroxy and stick them in a corner. If that moron John Cox was governor, they wouldn’t be proposing this bullshit. Then again, if Cox was governor we would probably have 20 million infected and 10 million dead, because he would have drank the “It’s a Hoax Kool Aid”, and never would have had Shelter In Place, he would have had people like Ken Turnage as his medical advisors, telling him to “let the people live and then die”. Give me a break you idiots. I can’t wait to see the idiot responses to this post, “Liberal Agenda”; “Taking away our Constitutional Rights”; “Illegal House Arrest”, come on people, I know you all are coming up with ridiculous replies or comments in favor of these two morons.

      • No, TSG
        He is just explaining how the sky is falling, and practicing a crying wolf.
        OH, and
        Yes, probably getting some kind of government assistance.

        It’s all good until he runs out of other people’s money

        Liberty and freedom on a slow burn unless people smarten up with their voting.

      • No, TSG
        He is just explaining how the sky is falling, and practicing a crying wolf.
        OH, and
        Yes, probably getting some kind of government assistance.

        It’s all good until he runs out of other people’s money

        Liberty and freedom on a slow burn unless people smarten up with their voting.

    • Vince – I’m sorry but you really do not have a clue. Either you are completely ignorant in what is actually going on or at minimum what this article is saying OR you are complicit in the illegal and deceptive path that the current governor (and his cohorts) is on.

    • Vince, So I guess you didn’t bother following states that never even locked down, did you? Have you bee following the ones that have largely opened up? Even Sweden has done very well. Their total cases, normalized for population size, are comparable to Denmark and Norway. The one thing Denmark and Norway did do better was keep the virus out of senior communities. But you don’t need a total lock down for that. If we subtract the deaths in nursing homes the United States from the total, our death rate goes now A LOT! In fact based on antibody testing the death rate is comparable to the flu if you subtract nursing home deaths.

      Also Sweden has done much better in the death area that some other European countries.

      Continuing these lame restrictions makes no sense. Not only is it economically harmful, this dumb approach has never been done before with any other pandemic.

    • My god, you lefties are so clueless. Are you basing your asinine opinion on the modeling predictions or the ACTUAL NUMBERS?? If you were to dislodge your head from the liberal medias butthole, you might be more informed. We’ve had around 2,100 deaths in Orange County from COVID, while last year we had SIX THOUSAND+ deaths from the FLU last season. There have been 6 deaths in 8 weeks at the hospital in my city. SIX, Vince!!! Our stupid governor wants to stay closed so he gets a federal bailout. Wake the fuck up Vince.

    • My god, you lefties are so clueless. Are you basing your asinine opinion on the modeling predictions or the ACTUAL NUMBERS?? If you were to dislodge your head from the liberal medias butthole, you might be more informed. We’ve had around 2,100 deaths in Orange County from COVID, while last year we had SIX THOUSAND+ deaths from the FLU last season. There have been 6 deaths in 8 weeks at the hospital in my city. SIX, Vince!!! Our stupid governor wants to stay closed so he gets a federal bailout. Wake the fuck up Vince.

    • This is what I love about the Democrats. They want everyone to be tolerant of their abusive ways and not question anything

  2. Please open up America, this is not right, we have are rights. In 1969 we had a little over 200,000,000 hundred million and over 100,000 thousand died from the flu, today we have 328,000,000 hundred million and 82,000 thousand have died, do your math its not even close to 1%, open up the country!

  3. I want to thank these two elected officials for representing what a lot of Californians believe. We want to get back to work, we want to get back to living and going back to worshiping. This is America, this is not a communist country.
    If you’re Beautiful and want to stay home, then stay home. That is your right as well.🇺🇸

  4. Leave it to a couple of Republican ( of course) non-entities to jump in and disrespect the valiant work our Governor has done in the course of this pandemic. Yes, the treatment seems harsh, but we can reinvent how we run a business. Three cheers for the Governor. Booooooo to these two

    • are you fucking nuts? He needs to be dragged out and sent to jail. He’s nuts and a piece of Schiff

    • “Valiant”??????? Gov Nuisance has done nothing but screw up the State of California. If you love socialism so much, go to Venezuela, then come back and tell us what you think. I’m guessing you don’t know any of the people who lost jobs or businesses. Tell them how valiant our horrible governor is. The day he shut down California he became a non-essential worker (and still is) and should have had his pay cut until everyone was back at work. People need to wake up to government overreach which Nuisance is good at.

      No non-citizen should be allowed to vote. The mail-in-ballot is just another way for democrats to commit voter fraud. Remember the democrat motto for voting: vote early and vote often. He will bankrupt the state. Then after mismanaging it by giving away money to everyone, he begs the feds to bail him out. I hope the federal government thumbs their nose at Nuisance.

    • “the treatment seems harsh, but we can reinvent how we run a business” – I guess you never ran a business, and probably don’t know anybody who runs a business. I wonder if you have a job and like to pay all your huge taxes, or maybe you are a beneficiary.

  5. Ah….hey Richard? And Gary? And you, Gisela…oh, you too TSG….. I have a job. I also have an education, which means I can communicate using proper grammar. And spelling! I paid attention in class. Especially Civics and English. You deniers deserve a good dose of Covid, and I hope things come your way. As for running a business, nope. Never have. But a real entrepreneur ( look it up, guys. It’s a big word) can figure out how to run a business after this is over. The Governor has done an excellent job. Unlike your Dear Leader, who whistled past the cemetery for two months and failed to prepare the country. Oh yeah….look at the stats. We’re NUMBER ONE. Aren’t you proud?

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