“FREEDOM PRESERVATION RESOLUTION”

Proposed Allegan County Concurrent Resolution to Overturn Governor Whitmer’s Executive Orders:

Whereas; all political power is inherent in the we the people of Allegan County

Whereas; the people of Allegan County have delegated enumerated powers to elected officials in our Michigan and U.S. Constitution

Whereas; the executive authority granted to the Governor under Article V Section 1 of the Michigan Constitution does not abrogate other provisions of the Michigan Constitution

Whereas; the people of Allegan County; have expressly denied authority to infringe upon several enumerated rights retained by the we the people

Whereas; Executive Order 2020-59 is dismissive of explicit provisions of Michigan Constitution which protect the rights of the people of Allegan County, yet takes pains to explicitly protect the rights of the legislature and judiciary

Whereas; the statutory authority vested by the legislature is subordinate to the constitutional authority granted by the we the people in all matters including the Emergency Powers Act

Whereas; Executive Order 2020-59 violates Article I Section 1 of Michigan Constitution in that it has provisions which seek to violate the rights of citizens of Allegan, explicitly protected in our Constitution.

Whereas; Governor Whitmer has violated Article I Section 2 of the Michigan Constitution with the arbitrary and capricious provisions of Executive Order 2020-59 and her subsequent arbitrary and capricious interpretations of this order towards specific groups and classes of industry.

Whereas; Executive Order 2020-59 violates Article I Section 3 of Michigan Constitution by placing restrictions upon our rights to peaceably assemble and consult for the common good

Whereas; Executive Order 2020-59 violates Article I Section 4 of Michigan Constitution in that, while it removes any penalties for doing so, it still prohibits people of faith to worship God according to the dictates of their own conscience.

Whereas;  Article V Section 2 of Michigan Constitution grants the legislature the authority to rescind any Executive Order of the Governor via a majority vote of each Chamber on a concurrent resolution to do so

Whereas; Governor Whitmer is in violation of Emergency Management Act 309 1976 Section 3, Clause 3 states.  (3 ) The state of disaster shall continue until the governor finds that the threat or danger has passed, the disaster has been dealt with to the extent that disaster conditions no longer exist, or until the declared state of disaster has been in effect for 28 days. After 28 days, the governor shall issue an executive order or proclamation declaring the state of disaster terminated, unless a request by the governor for an extension of the state of disaster for a specific number of days is approved by resolution of both houses of the legislature.

Whereas; Both Michigan House and Senate did not extend Executive Order 2020-59, therefor all executive orders past and current are no longer in effect under emergency Management Act 309 1976 as of April 30t 2020.

Whereas; All current Executive orders coming from Governor Whitmer are illegal and cause enormous damage to the People of Allegan County.

Resolved; that the Allegan County Board of Commissioners request the Governor and legislature will work together on a solution to current epidemic that protects others, provides means for individuals to protect themselves, re-opens our economy, re-opens our schools, is driven by evidence not fear, minimizes taxpayer expense, mitigates the risk of future crises and respects our constitution.

Be It further Resolved; to call on all Allegan County law enforcement, County Prosecutor, County Sheriff and or City Police Departments to not assist, investigate or enforce any Present or Future unconstitutional mandates coming from the Executive Branch of Michigan Governor’s office, respectfully.  This should include the re-opening of all businesses in the given counties. 

Finally, be it Resolved; that the Allegan County Clerk forward the Allegan County FREEDOM PRESERVATION RESOLUTION to all Governing bodies, respectfully, The Speaker, Michigan House of Representatives, The Senate Majority Leader, Michigan Senate