Re: Odd doings in California

In article <doOdndtsMLUJH1nVnZ2dnUVZ_srinZ2d@xxxxxxxxxxxxx>,
HeyBub <heybub@xxxxxxxxxxxxxxx> wrote:
docdwarf@xxxxxxxxx wrote:

The regulations are not a suicide pact and nowhere was it stated that
they might be... the regulations, however, might have the force of
Law and as much as he'd like to believe it the Governor's emergency
powers might not extend to the ability to suspend such Law as
immediately as he might desire.

Wrong. All states, and the federal government, have laws that simply state
the governor can suspend or modify any existing law or regulation in an
emergency. Further, it is the governor who declares when something is an
emergency. For example, here's California's:

Government Code 8571. During a state of war emergency or a state of
emergency the Governor may suspend any regulatory statute, or statute
prescribing the procedure for conduct of state business, or the orders,
rules, or regulations of any state agency, including subdivision (d) of
Section 1253 of the Unemployment Insurance Code, where the Governor
determines and declares that strict compliance with any statute, order,
rule, or regulation would in any way prevent, hinder, or delay the
Newsgroups: comp.lang.cobol
Subject: Re: Odd doings in California
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In article <doOdndtsMLUJH1nVnZ2dnUVZ_srinZ2d@xxxxxxxxxxxxx>,
HeyBub <heybub@xxxxxxxxxxxxxxx> wrote:
docdwarf@xxxxxxxxx wrote:

The regulations are not a suicide pact and nowhere was it stated that
they might be... the regulations, however, might have the force of
Law and as much as he'd like to believe it the Governor's emergency
powers might not extend to the ability to suspend such Law as
immediately as he might desire.

Wrong. All states, and the federal government, have laws that simply state
the governor can suspend or modify any existing law or regulation in an
emergency. Further, it is the governor who declares when something is an
emergency.

Note while I, an admitted non-lawyer, used the phrase 'the Governor's
emergency powers' there may well be a difference between what 'the
Governor's powers are during what he calls an emergency' and 'the
Governor's powers during a state of emergency'; it seems as though the
latter are addressed below.

I don't believe a state of emergency has been declared in California, I
believe the Governor has issued an Executive Order. From
http://www.sacbee.com/111/story/1132588.html :

--begin quoted text:

The Republican governor signed an executive order last week recommending
the cut to minimum wage for most permanent state workers and terminating
10,133 temporary and part-time employees.

[snip]

He (Chiang) disputes Schwarzenegger's legal interpretation of a 2003
California Supreme Court decision, which the governor said mandates that
the state pay only minimum wage to employees until a budget is passed.

--end quoted text

Now... the issuing of an Executive Order might be done in order to deal
with a perceived Emergency, true, but said Emergency does not seem to fit
any of the three conditions or degrees of emergency stated in Sec 8558:

a) enemy attack probable or imminent

b) duly proclaimed contions of disaster (air pollution, fire, flood,
storm, epidemic, riot, drought, energy shortage, plant/animal infestation,
earthquake, volcanic eruption, conditions resulting from a labor
controversy or conditions 'causing a state of war emergency')

c) local emergency

(details at http://caselaw.lp.findlaw.com/cacodes/gov/8555-8561.html )

.... so while - with some exceptions, such as seizure of firearms (8571.5)
or commandeering newspapers (8572) - the Governor can, in fact, violate
State Law or State Constitutional provisions... I do not believe that an
Executive Order carries the same force and I do not believe the ability to
come to a budget agreement is of the same magnitude.

If the inability to reach agreement *was* of that magnitude then it might
be concluded that a State of Emergency would have been declared, not an
Executive Order issued.

For example, the first solution that comes to mind is "cashier the
lot." Of course the millions of state employees could sue the state,
but first they'd have to find a court that was open...

That a court is not open does not prevent a judge from issuing a
order... and it might be that more than one court has jurisdiction
over the status of hire of the employees involved. These are not
simple situations.

As a connoisseur of quotes, I'm sure you'll recognize this one from Andrew
Jackson: "John Marshall has made his decision, now let him enforce it."

Quite similarly, 'Governor Schwarzenegger has decided people will get
paid, now let him issue their checks'... it works both ways.

[snip]

Then, too, there's the Texas solution: Beat the leaders of the
opposition so badly they're unable to even lie down. If that offends
one's sensibilities, the opposition leaders could be disappeared.

Ahhhhhh, the good old One Party Rule model... no need to change the
United States to such a system, you can find like-minded practioners
in Cuba or Beijing who might welcome those of their own political
bent.


It's not one-party rule. Any party is welcome to use the tactic. Of course
those that don't like the idea are free to appeal. In a few years they might
get a favorable decision.

'It ain't against the law... see, it only took the court a few years to
show that.' If you want to live like a Cuban, get thee to Cuba.

'f there is no struggle there is no progress. Those who profess to favor
freedom and yet depreciate agitation?want crops without plowing up the
ground, they want rain without thunder and lightening. They want the ocean
without the awful roar of its many waters' - Frederick Douglass

If you want a nice, quiet,
do-what-we-tell-you-lest-your-party-gets-beaten... there's Cuba and China,
just waiting for your citizenship request.

DD

.

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