To the Honorable Members of the Maine Legislature
We are writing not to cast aspersions yet rather discuss powers you may not be aware of that you have as individual legislators. Under the doctrine of lesser magistrates (power given to you as an elected civic official), you have the power of interposition. (well founded by Jefferson)
As an interposer, your duties include:
1) To oppose and resist any laws or edicts from the higher authority that contravene the law or Wordof God (remember your oaths, so help me God- if you said it).
2) To protect the person, liberty, and property of those who reside within their jurisdiction from anyunjust or immoral laws or actions by a higher authority.
3) You are not to implement any laws or decrees made by the higher authority that violate the Constitution, and if necessary, resist them.
Fact: Stores in Maine Counties have posted on their doors that masks are required to enter, and it is STATE LAW.
Non-essential businesses are still closed, citizens required to stay home and more. We didn’t know the Legislature abrogated its sole power under Article IV, Part 3, Section 1 “to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States” to the Governor under an emergency.
Attorney General Barr has already stated publicly that the US Constitution is still in force during emergencies. Our question to all of you, is the Maine Constitution still if force? See our post on contacting AG Barr.
The Governor shut both the Legislative and Judicial Departments ( you can thank former Governor LePage for this) of having any role with the Executive during disasters when Title 37-B was passed and when LePage signed off on the state’s Comprehensive Emergency Response Plan (both depts have no roles for response and recovery). In fact, the plan is completely silent to training, exercising, responding and recovering from a Pandemic. There is not an Interagency Recovery Plan (posted online only as under revision) either.
It seems Governor Mills is operating by the seat of her pants, so to speak. The question is whether this is deliberate or just plain stupidity, either way, it will have to be fixed moving forward.
As lessor magistrates, you have constitutional precedent and law on your side. The Governor cannot dictate to any person, business, or entity that it’s now state law to stay at home, wear masks, and post placards that it is STATE LAW when it isn’t. A recent case in Florida involving an owner who opened a non-essential business was just dismissed as they know he had a constitutional right to do it. Governor Mills’ actions are unconstitutional and must not be allowed to stand.
We don’t believe the legislature, as a full group, will have any success in the near term to deal with this. Civil actions, lawsuits, or whatever you may be working to stop Governor Mills is going to take time we don’t have to save the state.
So, here’s our suggestion:
- You all contact the County EMA Directors, ask him/her, if your county was ever “beyond local control” to respond to COVID? We suspect no.
- You each call a press conference in your district, invite local media.
- During said conference, you denounce the Governor’s actions and call her out under US Code 18, Section 242, and
Article IV, Part 3, Section 1 for dictating unlawful orders/edicts to your district’s citizens - Declare your district 100% open for business and if the Governor attempts to send her goon squads in to prevent business owners from operating, contact the Sheriff’s office for interposition. They are on solid Constitutional ground also to interpose for your county against Augusta, and we suspect they’ll do the right thing.
That’s how we see it. You may be neutered as a collective legislative body right now, yet as individual lessor magistrates duly elected by your district voters, you have the power to do this.
Maine Legislators, the ball’s in your court folks….stop this insanity….
For Maine citizens reading this, send this post to them:
https://www.mainerepublic.com/to-maine-legislators/
Federal Law
18 U.S. Code § 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)
Source: https://www.law.cornell.edu/uscode/text/18/242
Maine State Constitution
Article IV, Part Third, Section 1:
“The Legislature, with the exceptions hereinafter stated, shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States.”
Source: https://www.maine.gov/legis/const/#a4
