The Governor’s Madness, Uh, I Mean Mandates!

GOVERNOR’S MANDATES or Governor’s Madness?

Vermonters are very quietly passing around on the internet various versions of how they might file a lawsuit against Governor Phil Scott for exceeding his authority with his orders and mandates, making them lose jobs, businesses, income, and warm association with family and friends.

There are various proposed legal Briefs coming to a federal court in Vermont soon:

UNITED STATES DISTRICT COURT
DISTRICT OF VERMONT
in either Burlington (802)951-6301 or
Rutland (802)773-0245

Motion for Injunctive Relief to stop
Governor Phil Scott from sitting on his high horse
issuing orders and mandates stemming
from the Covid-19 outbreak.

Plaintiffs
(the plaintiffs are the complaining party and
include Vermont citizens who are gagging on
their masks)
-vs-
Governor Phil Scott
109 State Street, Pavilion
Montpelier, VT 05609
Defendant
(the oppressor, the accused & alleged bad guy)

LEGAL CAUSE OF ACTION:

The Defendant, Governor Phil Scott,
is violating the Plaintiffs’ (Vermonters) rights
because he had no legal authority
to issue this executive order:

Covid-19 Executive Order #01-20 (EO 01-20)
https://governor.vermont.gov/document-types/executive-orders
March 13, 2020 declaring a State of Emergency
citing the Constitution of the State of Vermont,
Chapter II, Section 20
and citing 20 V.S.A. § 8, §9, and §11,
and Chapter 29.

The Governor of Vermont is restricted in his powers:
https://legislature.vermont.gov/statutes/title/03

https://legislature.vermont.gov/statutes/fullchapter/03/001
Title 3: Executive
Chapter 001: GOVERNOR
Sections §1 through §23

Governor Phil Scott has exceeded his authority under
20 V.S.A. Sections § 8, §9, and §11
Emergency Powers of Governor.

Governor Phil Scott’s mandates and orders are
causing Vermont residents and citizens
emotional suffering from loss of close contact
with friends and family, and loss of businesses,
jobs and income to many; and Governor Phil Scott’s
orders and mandates violate the
Constitution of the State of Vermont
Chapter I, Article 1.
That all persons are born equally free and independent,
and have certain natural, inherent, and
unalienable rights, amongst which are enjoying
and defending life and liberty, acquiring, possessing and
protecting property, and pursuing and obtaining
happiness ….
https://legislature.vermont.gov/statutes/constitution-of-the-state-of-vermont

Governor Phil Scott’s
Addendum 8 Amended and Restated Executive Order
No. 01-20 November 13, 2020
https://governor.vermont.gov/document-types/executive-orders

Governor Phil Scott’s orders and mandates (the Governor’s Madness)
violate the Constititution of the State of Vermont and
the United States Constitition.

STATEMENT OF FACTS

Governor Phil Scott’s mandates and orders exceed the authority
granted in the Constitution of the State of Vermont.

https://legislature.vermont.gov/statutes/fullchapter/03/001
Title 3: Executive
Chapter 001: GOVERNOR
Sections §1 through §23

Governor Phil Scott has exceeded his authority under
20 V.S.A. Sections § 8, §9, and §11
Emergency Powers of Governor

20 V.S.A. § 8. General powers of the governor
https://legislature.vermont.gov/statutes/section/20/001/00008
Title 20: Internal Security and Public Safety

20 V.S.A. § 8 (3) Inventories, training, mobilization.

20 V.S.A. § 8 (3)(C)…”training programs”…

20 V.S.A. § 8 (4)…”to take any measures
not inconsistent with the constitution of this state”…

Here is where it gets tricky: 20 V.S.A. § 8, (b) …”the governor
is further authorized and empowered:”…
20 V.S.A. § 8 (b)(1) “Orders, rules and
regulations.
To make, amend and rescind the necessary orders,
rules and regulations
to carry out
the provisions of this chapter
with dues consideration of the plans of the federal government.”

O.K., but this chapter, 20 V.S.A. § 8 (4) clearly states:
“to take any measures
not inconsistent with the constitution
of this state”….

20 V.S.A. §9
https://legislature.vermont.gov/statutes/section/20/001/00009
Title 20: Internal Security and Public Safety
Chapter 001: Emergency Management
Cite as 20 V.S.A. §9 Emergency powers of Governor

…the Governor may proclaim a state of emergency….
to take such action,
not inconsistent with the Constitution
and the laws of the State,
that he or she may deem proper
to carry into effect any request of the President…

“TO TAKE SUCH ACTION,
NOT INCONSISTENT
WITH THE CONSTITUTION
AND THE LAWS
OF THE STATE”….

20 V.S.A. §11
https://legislature.vermont.gov/statutes/section/20/001/00011
Title 20: Internal Security and Public Safety
Chapter 001: Emergency Management
20 V.S.A. §11 Additional emergency powers
In the event of an all-hazards evern, the governor may
exercise any or
all of the following additional powers:

20 V.S.A. §11 …the governor may exercise any or all
of the following additional powers:…
20 V.S.A. §11 (3) To seize, take…
or at the request of the president, or his or her authorized
representatives including:
(A) All means of transportation;
(B) All stocks of fuel of whatever narure;
(C) Food, clothing, equipment, materials, medicines,
and all supplies;
(D) Facilities, including buildings and plants; provided that
neither this nor any other authority in this chapter shall be
deemed to authorize the eviction of a householder and his or
her family from their own home.
(4) To sell, lend, give or distribute all or any such property
among the inhabitants of the state….
(5)(A) …Whenever the governor shall deem it advisable for
the state to take title to property taken under this section,
he shall forthwith cause the owner of such property to be notified…
(6) To perform and exercise such other functions, powers and
duties as may be deemed necessary to promote and secure the
safety and protection of the civilian population.

https://legislature.vermont.gov/statutes/title/29
Title 29 Vermont Statutes
Public Property and Supplies

So, let’s re-read:
20 V.S.A. §9
https://legislature.vermont.gov/statutes/section/20/001/00009
Title 20: Internal Security and Public Safety
Chapter 001: Emergency Management
Cite as 20 V.S.A. §9 Emergency powers of Governor

…the Governor may proclaim a state of emergency….
to take such action,
not inconsistent with the Constitution
and the laws of the State,
that he or she may deem proper
to carry into effect any request of the President…

“TO TAKE SUCH ACTION,
NOT INCONSISTENT
WITH THE CONSTITUTION
AND THE LAWS
OF THE STATE”….

Governor Phil Scott’s orders and mandates violate
the Constitution of the State of Vermont.
https://legislature.vermont.gov/statutes/constitution-of-the-state-of-vermont

SUMMARY

We never intended to live in a dictatorship,
and we don’t want to live in a dictatorship.
Governor Phil Scott’s orders and mandates
violate the Constitution of the State of Vermont
and the Constitution of the United States of America
which he has sworn to uphold.

State Laws made by ignorant Legislators which violate
the State Constitution and / or the United States
Constitution must be stricken from the books, repealed,
rescinded. Some of our State Legislators are either
ignorant or outright treasonous against We, the People.

JURISDICTION OF U.S. DISTRICT COURT

United States Constitution
https://constitution.findlaw.com

Anyone now living below the poverty level may apply for an
informa pauperis form, and if granted, will not have to pay
Court fees to proceed with their lawsuit against the
Governor of Vermont. Hint: find a poor unemployed friend!

TABLE OF AUTHORITIES

The Vermont Statutes Online
Title 3: Executive
Chapter 001: Governor
Sections §1 through §23
https://legislature.vermont.gov/statutes/title/03

Constitution of the State of Vermont
https://legislature.vermont.gov/statutes/constitution-of-the-state-of-vermont/

Articles of the U.S. Constitution
https://constitution.findlaw.com/articles.html

Amendments to the U.S. Constitution
https://constitution.findlaw.com/amendments.html

Bill of Rights (Amendments 1- 10)
https://constitution.findlaw.com/bill-of-rights.html

Declaration of Independence
https://www.archives.gov/founding-docs/declaration-transcript