Home>Articles>New Resolution to Terminate California Governor Gavin Newsom’s Emergency Powers
James Gallagher
Assemblyman James Gallagher. (Photo: Kevin Sanders for California Globe)

New Resolution to Terminate California Governor Gavin Newsom’s Emergency Powers

Assemblymen Kiley and Gallagher take issue with Newsom’s 39 Executive Orders, unilaterally changing 200 laws

By Katy Grimes, May 19, 2020 3:00 pm

‘This Resolution is meant to restore a proper balance between the legislative and executive branches.’

 

Monday an Oregon judge declared “null and void” the pandemic-related emergency lockdown orders of Oregon Gov. Kate Brown in response to a lawsuit filed by churches and residents challenging the state shutdown, the Washington Times reported. Gov. Brown, a member of Gov. Gavin Newsom’s 5-state compact to leverage money from the federal government, had doubled down and extended her lockdown order through July. Baker County Circuit Court Judge Matthew B. Shirtcliff said in a seven-page decision that Ms. Brown’s executive orders, including her “Stay at Home and Save Lives” and “Closure of Certain Businesses” shutdowns, exceeded the 28-day legislative time limits. “Once the maximum 28-day period is exceeded, the governor’s executive orders and all subsequent orders were rendered null and void,” he said in his seven-page ruling.

Kevin Kiley
Assemblyman Kevin Kiley. (Photo: Kevin Sanders for California Globe)

Two California lawmakers aren’t waiting for a California judge to strike down Gov. Gavin Newsom’s lockdown orders. “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,” Assemblymen Kevin Kiley (R-Rocklin) and James Gallagher (R-Yuba City) said in a press statement about their new Resolution to terminate the Governor’s emergency powers. “This includes creating new voting laws for an election six months away and overhauling Workers’ Compensation rules.”

Under Section 8629 of the California Emergency Services Act, the Legislature has authority to terminate the Governor’s emergency powers. Assembly members 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, Kiley and Gallagher wrote.

“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.”

“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.”

Gov. Newsom is facing 11 lawsuits for overstepping his Constitutional authority:

There are six more lawsuits, all available at CaliforniaGlobe.com

Spread the news:
RELATED ARTICLES
Filter by
Post Page
Feature Articles National Legislature Local Highlight Governor
Sort by

Rare Bipartisan Assembly Majority Co-Sponsor Resolution to Defer High-Speed Rail Contract

Yet battle over Bakersfield to Merced stretch still brews in Sacramento
June 8, 2020 3:10 pm

18

Senate Resolution 86 a Power Grab by Sen. President Toni Atkins During ‘Emergency?’

Bipartisan concern over procedural and legal change of Senate Rules on voting in person
March 19, 2020 2:21 am

18

Enactment of Statutes and Adoption of Resolutions

The Legislature must finish its actions on the budget required by the Constitution by June 15th of each year
January 15, 2020 10:15 am

18

72 thoughts on “New Resolution to Terminate California Governor Gavin Newsom’s Emergency Powers

  1. Glad to see this action. Power-mad Gov. Newsom’s executive orders — one outrage after another, after another, after another — must end, and the sooner the better. His “emergency powers” were never warranted. His only aim in acquiring them was to be able to check off a long-cherished wish list of leftist agenda items without interference while Californians, conveniently, have been forced to cower at home for more than two months because of his own overblown, false, and frightening projections of disease and death.

    1. This is just crazy. For once this governor took a firm stand on what was best for the state . Why can’t people see beyond the politics and SEE the actual concern . It’s the health of the citizens of this state. We aren’t exempt from this pandemic. Just because parts of Northern California weren’t as hard hit as others only makes us lucky. But these same parts of California have taken it upon themselves to rail against the governor , citing infringement of rights. Are these the only few that get rights? Because they are now stepping all over a lot of other people’s rights. Kiley and Gallagher should be ashamed of themselves to make this issue the one they decide to make a political stand on. Good grief this virus doesn’t know political parties , how about worrying about everyone, not just a select few. And neither Kiley nor Gallagher have more knowledge about this pandemic than those passing down the guidelines that Newsom is trying to follow.. They are just making a bad situation worse by muddying the waters with all this. Why not focus on keeping people well. You would think that that should go without saying.

      1. @ Jennifer Cameron – Hair-gel didn’t take a firm stand he made a STOOPID choice. I wonder how long it took him to realize money was not coming in, and how long after that he realized why. Just remember, hair-gel shut the state down, and he OWNS IT.

        Hair-gel certainly does not have any right to take OUR rights away from us. That’s what the constitution guarantees. The state is also not under martial law, but if it was his powers are limited. He also cannot arrest a person for not doing what he said. A person is arrested for breaking a law, and a command is not a law. Get it?

        I hate to break it to you but the pandemic was NOT was they sold us. Do you not realize that when you look outside and see people are not dropping like flies hit with bug spray after breeching a 6 foot barrier with another walking upright human being?

        You crazy leftists are in a panic trying to keep the LIE alive while reality is proving it’s all but over, and has been for quite some time.

        Get a grip for God’s sake !!

        1. Thank you for having a rational response. GNewsom has taken too many liberties with our state. He needs to be replaced. He has already failed over 59 billion ways

        2. That’s why they put the sick in the most vulnerable old folks home, look at where and why the most deaths are in old folks home then look at Florida they opened the beaches and businesses they proved that the democrats was trying to kill and get the numbers up for a reason vote by mail so they could rig an election and destroy president Trumps economy.

      2. I somewhat agree with you but it should be up to the people at this time in the game . If people want to get back to work let them the ones that are afraid can stay at home until they feel safe . But right now we need to open our state up and for the most of us GET back to work before it to late.

      3. giving away 75 million dollars to illegal was in the best interest of the state? Letting sex offenders out of jail and repealing bail laws was in the best interest of the state? I can go on and on. Apparently you don’t know what he did

      4. Really? That’s why he doesn’t want people to vote in 6 months in person and is changing the workers comp rules.
        BS! Newsom only cares about politics and money. Get your head out of the sand.

      5. Fuck gavin newsome he is a complete power hungry idiot. He has turned CA INTO a third world shithole. People cannot even afford to survive. He needs to go! He was not even elected, he won by voter fraud.

      6. There May be a future disease that would justify the extreme control that Newsom wants but this isn’t it!!! He wants to be a dictator-king and wants you to be the obedient drone. Everyone better wake up to this nightmare. BTW wearing a mask does not stop virus transmission, it’s just an outward expression of your compliance to give up your choices.

      7. Are you nuts? This is nothing about safety but all about political power. Where was Newsom last weekend ? While CA is still under his restrictions. He was shopping for a new cowboy hat in Montana ! “ Gov. Gavin Newsom’s 5-state compact to leverage money from the federal government”. Does that make you safer?

      8. Well, why don’t you shelter in you house, and use Amazon to get what you need, but we the people see what’ s happening here… if you think Gavin Newsom is thinking about anybody but his self, and his power your completely blind…our freedom is being infringed on, and told what is essential Or nonessential…people need to get to work to pay their bills and and feed their families and it’s well known if you listen to other scientists besides Fauci, you could balance the facts, yes people died, and it’s sad, but the numbers are far overblown, I know people who work in hospitals who were told to call any death covid related…people are going to die they die daily from all sorts of reasons… This was a fear driven pandemic, and we’ve had them without calling a shut down of governments, think about it, H1N1, & HIV HONG KONG FLU, and others…and people died … but for some reason … look into Bill Gates, Fuaci, SOROS are involved … and they are pushing depopulation, immunization… research !!! Think for yourself … and believe everything you hear… and to me God is most essential…

        1. So much corruption and oppression, I see clear signs of Communism 🤦‍♀️
          Bill Gates vaccines “Depopulation” he think he is God to control the size of humanity!!!!
          —-So I want to know, when can we go back to Normal?
          Btw- I don’t want to wear a mask , they are not healthy!!
          Gov Gruesome and Farcetti both have to go!!!!

      9. Just a thought to everyone praising the Gov. response. If he really did care about law and order, and protecting Californians, why didn’t he add “sunset” language to the changes so that the laws revert back to post emergency orders once the emergency is cleared?

      10. Which of your rights are being violated if we stop having the tyrannical lockdown measures Newsome has imposed?

      11. The irony of your comment “only the few gets rights” is incredible. You’re in favor of locking 10 million people in their houses, with no way to work (to pay for their housing, food and medical care to name a few things) so the very old and infirm don’t get sick or perish. If you really care for the masses, you would be fighting for the reopening of the entire country. The old and those with health conditions can continue to stay at home, while the healthy continue to make the world go round. That is the caring thing to do – if you’re really concerned about ALL of you neighbors.

      12. You would let the people in Government take away your constitutional rights . what the hell is the matter with you.this Covid 19 is no worse then the flu. You been lied too
        Wake up

        1. I STRONGLY agree! Sheep being led to the slaughter!!
          Ephesians 6:12-13
          12For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of darkness of this world, against spiritual wickedness in high places.
          13Wherefore take unto to you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand.

          2 Chronicles 7:14
          14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then I will hear from heaven, and will forgive their sin, and will heal their land.

      13. Jennifer Cameron, I had a wealth of things to say in response to your insane post and was going to spend a considerable amount of time explaining to you . . . . but nah, not worth it … cant help stupid, cant help crazy. Wake up please. It is NOT about health. It is a total power grab and Newsom is abusing his power and trying to destroy the constitution.

      14. Do you really believe what you are saying? Do you have any idea of what is actually happening to people? Do you have any education on medical issues, legal proceedings, or constitutional law?

      15. @jennifer Cameron you can continue to stay home, if you don’t want to come out. Arresting and giving citations to people trying to make a living, meanwhile Newsome is releasing criminals back onto the street and cutting back funding for US Veterans that have fought for our country and freedom. Yeah that makes A LOT OF SENSE… People that think like you are part of the problem, buying into this fear mongering media and these people with hidden agendas have on how “fatal and devastating this virus has been”. Clearly the science is not matching the fear they’ve fed everyone.
        It’s not what it’s painted out to be. The problem with all the left wing mentalities.

      16. Jennifer do you understand the suffering and loss from lock downs? They are real. Probably much bigger than the virus. Newsom has made all sorts of political edicts from this taking advantage.

        1. I hope that Governor Newsom’s emergency powers stay in place. I think that he has done a great job protecting Californians during this serious pandemic, and opening things slowly is necessary to try to prevent a surge in cases. I am glad that he is basing his actions on science and data. We would have had a lot more cases and sadly more deaths without the steps that Newsom has taken, and some of you who are complaining could have been those no longer with us. This is a serious worldwide pandemic, and much of the world is in the same situation, not just California. Governor Newsom has acted in the best interests of the citizens of California and not for some kind of power grab. I think that the people refusing to follow the orders are being disrespectful and are taking steps that could be detrimental to others. I also think that wearing facemasks should be mandatory because they protect others as much as they protect you. Telling people who think that sheltering in place orders and other safety precautions should stay in place when others want restaurants, hair salons, nail salons, etc., open to just stay home if they don’t like it is not a justification for ignoring how serious this pandemic is or for ignoring the detrimental effects your actions can have on others. Jennifer Cameron, I agree with everything you said.

          1. Just to let you know, the masks do NOTHING at all, these SOCKS that they have turned into masks do not stop anything from entering or exiting your mouth, a virus is so small, they don’t even use n95 masks to protect from virus, they are used to protect from TB and things of that nature, a virus will go right through that filter…. and a sock, for real? What are you smoking, and can I have some, because you be trippin

          2. Omg! You are part of the problem, NOT the solution!!!! If you’re so afraid and believe in the BS we’re being fed by this so called Governor then how about YOU stay home, watch the fake news and hide under the covers! I cannot comprehend people like you and Jennifer that are buying into all this crap!!!!! You both drank the kool aid!!!

      17. My my my… how does that fear Koolaid taste? Newsom may be your god but not mine. He isn’t an emperor either as he fancies himself, nor are the CITIZENS of California he treats as his serfs… and worse…. as 4 year olds! I don’t need this jerk to make decisions of any sort for me. I especially don’t appreciate cowards like YOU giving him cover and cosigning his efforts to do EVIL in my name. He nor anybody else should have the power he’s seized for himself. He’s done NOTHING but STUPID and/or EVIL with this power our US Constitution doesn’t grant him to dispel ANY of our individual freedom just because YOU are irrationally afraid of something that 98% of the world’s population won’t/can’t die from or even be made sick. Most people infected don’t even know they’re infected.! You need to turn off your TV and stop letting the scaremongers into your pea brain.

      18. You’re not speaking for the people who’ve discovered that the virus is a political football, Ms. Cameron. Minus ill-will toward the governor, he is of a frame of mind that is clearly strident. The curve is flattened and this as is the case with every new strain must run its course. I do not intend to take or wait for a vaccine, which at best is a shot in the dark and at worst a relatively useless and time-consuming attempt at mitigating the inevitable. The sky, as predicted, has failed to fall and those who choose to should be free to put themselves at risk while those who choose not to are free to be a part of stay-home, stay-safe isolated community. Let employees unwilling to stand in “harm’s way” surrender their positions to the foolhardy willing to risk their lives for the freedom they love.

      19. We’re you born Stupid or do you just ply stupid on the internet? 99.9% survival rate and it’s less than the flu. I had the Chinese virus and I’m 60 and didn’t even go to the Dr. Keep your ignorant A$$ home scaredy-cat FOOL! We got lives to live and businesses to run 🖕🏿

      20. Dear Ms Jennifer. I’m so thankful you are equipped to stay sheltered in place. So many of us cannot feed our families, maintain housing, or use our health benefits before they terminate without jobs. And for those who can continue in this fashion it will not take long before the food supply chain is broken entirely leaving even those who can most afford it without groceries. Please remain at home while we shelter the vulnerable and set the rest free to work.

      21. People have been sold a crock.. yes the virus is real and it is potentially deadly to a few. The majority of the people will be fine and we do not want your fears to run our lives. If your afraid stay home. Newsome did a great job but now he just wants control. That is not how this was sold to people. Stay home to not overwhelm the health care system and we did that. No one agreed to stay home until we find a cure. It’s time to let people work.

      22. The black and white of the situation:
        His executive orders are infringing on constitutional rights.
        Economists are projecting that if governments don’t tread lightly the economic impacts of these orders and this pandemic will for outweigh the medical ones.
        Fear is not a legal justification for infringing on not only constitutional rights, but basic human rights as well.
        There is a fine line between watching out for public safety and monopolizing on power and the Governor is coming close to crossing it.
        Kiley and Gallagher are doing their jobs as state representatives to support and fight for their constituents best interests. You don’t have to agree with their position or mine just respect it. By taking this action Kiley and Gallagher are not saying COVID-19 isn’t a threat, but instead are admitting to be whiteness to The Governor using Covid-19 as a way to further assert his power. This action doesn’t abolish the emergency order or the resulting executive orders it simply prevents any more from executive orders from being made without the oversight of the Assembly.

      23. Obviously you’re supportive of Gov. Newsom, and are incapable of seeing the discrepancy of his actions and indiscriminate massive spending , all while ignoring the legislative branch, claiming immediate emergency need. But was it?
        Now he threatens to cut funds to “first responders”, fire, law enforcement, EMT’s, and the education system … the LAST things that should ever be cut, but why does he threaten the Federal Government with these cuts first??? WHY???
        Because if the federal aide is denied, WHO will look bad?? Trump of course in your mind, but in REALITY is a political ploy by Newsom, and the people are pawns.
        You may call this smart? I call it dangerous!!! DANGEROUS!!!!

      24. Mam, you are sorely mistaken, I can see you are fearful, and that is exactly what they want you to be fearful and in a state where you will allow them to do anything under the guise of “for your safety”. This Gov is power mad, how can they say that Walmart is essential but the Burlington is not? Wal-Mart and Target and Home Depot must have magic virus shields installed. And the socks everyone is using to “Protect each other from the virus” must have gotten some of that magic too, if you put your fear aside and think about this rationally and critically you will wake up and see what is going on, and that has nothing to do with politics, I don’t have a political party, but I know when things don’t feel right , and they dont, gov Newsom is not supposed to have emergency powers for more than 60 or 90 days for a reason, because unchecked power or absolute power corrupts absolutely, so I applaud these Congress people for standing up and doing their job.

      25. I totally agree and also, this won’t work and lawsuits aren’t uncommon with governors. Cuomo has them too, even before covid 19.

      26. Yes, keep people well! Those suffering from depression, anxiety, alcohol and drug addiction, countless other diseases (do they still exist?) like heart disease and cancer, and those who are suffering from domestic violence, child abuse, suicide. Let’s keep hospitals from furloughing workers and closing floors so they can be ready for those who need care when they’re not too afraid to seek care. Let’s get children back in school and able to play together so they don’t suffer anymore. Public health isn’t only about this one virus. Would it be possible to do what Florida’s done and protect those who are vulnerable to the virus? It takes a governor who respects and honors his constituents, has a comprehensive view which includes everyone’s livelihoods, and realizes that they don’t have to protect one at the expense of the other. DeSantis for President, 2024. Mr. Newsom? Done.

      27. Dear Ms. Cameron,
        Are you sure what Governor Newsome is doing is in the best interest of our health? In March, he passed an executive order that required nursing homes to accept covid patients just like Governor Cuomo in New York. If you follow the two links I have provided you will see that nearly half of all covid deaths have been in nursing homes and the policy is still in effect. If he really was concerned about the spread of Covid-19 then why didn’t he stop the mass gatherings of all the protesters and rioters over the last few weeks?
        https://r.search.yahoo.com/_ylt=Awr9IlRKJupe.AoA5BtXNyoA;_ylu=X3oDMTEydmR2MmQxBGNvbG8DZ3ExBHBvcwMyBHZ0aWQDQzAxNDNfMQRzZWMDc3I-/RV=2/RE=1592432330/RO=10/RU=https%3a%2f%2fwww.breitbart.com%2fpolitics%2f2020%2f05%2f09%2fnearly-50-percent-california-coronavirus-deaths-nursing-homes%2f/RK=2/RS=qjebi.lNLLF2pEjW9QgYZm.x53k-

        https://californiaglobe.com/section-2/california-is-still-allowing-covid-patients-in-skilled-nursing-facilities/

      28. This is a representative democracy not an autocracy. He has over used and abused his executive powers. The legislator, who are our duly elected representatives, should have been involved in all these mandates, spending of tax payer money, etc. The people fawning at his feet need a civics lesson.

    2. Newsom is playing power games. He gave billions of tax payers money to help illegals – which in itself is considered misappropriating public money CPC 424. Then he says if federal government does not bail him out the first to get laid will be 1st responders & public safety. He could have used the money he gave too illegals and put that towarda the shortfall for our 1st responders and public safety. He is a joke and has over stepped hiz 30 day State of Emergency by law.

  2. Thank you Katy Grimes for yet another fantastic article!! Our runaway governor is out of control with no boundaries. Ruling pretty much by fiat.
    Great job.

  3. Music to my ears!
    We need more representatives such as Mr. Kiley and Mr. Gallagher to stand up to Newsom’s abuse of power!
    He also needs to be held accountable for the questionable 1 billion dollar PPE purchase!

    We, the voters need to do our part and restore balance at the voting polls.

    Thank You Katie for sharing this news!

  4. Thank you! Give us our churches and our jobs back! We are not sheep! We are people who don’t want handouts! We want to work to support ourselves and our families.

  5. Just a thought to everyone praising the Gov. response. If he really did care about law and order, and protecting Californians, why didn’t he add “sunset” language to the changes so that the laws revert back to post emergency orders once the emergency is cleared?

  6. He is ruining California!!! Releasing inmates that are reoffending, proposing to have illegals to vote, his million dollar undisclosed deal with China…the list goes on!!! He’s out of control!!! He wants total control!!

  7. @jennifer Cameron you can continue to stay home, if you don’t want to come out. Arresting and giving citations to people trying to make a living, meanwhile Newsome is releasing criminals back onto the street and cutting back funding for US Veterans that have fought for our country and freedom. Yeah that makes A LOT OF SENSE… People that think like you are part of the problem, buying into this fear mongering media and these people with hidden agendas have on how “fatal and devastating this virus has been”. Clearly the science is not matching the fear they’ve fed everyone.
    It’s not what it’s painted out to be. The problem with all the left wing mentalities.

  8. There just isn’t enough anger at what is and has taken place under Newsom in the guise of necessity for emergency powers. There’s just too much acquiescence to the perfect EVIL he is doing and has done…. “for our own good”. There’s far too many people unwilling to rationally think for themselves the horrific consequences of of surrendering their liberty in exchange for security out of FEAR of a virus that has PROVEN to be LESS deadly (as many contended from the start of this pandemic) than the typical influenza as more data keeps compiling. FEAR should never be excuse for surrendering liberty to tyrants like Gavin Newsom that was bought by the blood of patriots spilled in a war to be free of tyranny.

  9. We need to recall new-scum he has put our great state into a dangerous situation . Letting these criminals out of prison then threading to lay off our police ?? Giving our tax money to illegals then begging the gov for money while keeping us closed ?? Too power Hungary. He has got to go. He is acting just like his Aunt Nancy Pelosi she needs to go too. We need to recall Newscum and vote Pelosi OUT . They are destroying us with people like Bill Gates. &Soros & The Clintons &Obama’s. .

  10. A big giant DITTO to ALL the SANE people who have already commented!!
    ALL the rest of you paranoid, sheeple out there…YOU CAN JUST STAY HOME and let the rest of get back to living our lives, and getting King Newsom kicked out of office!! KOOL AID FOR SURE!!…Hope it tastes good to you in your prisons (homes). Good grief!!

  11. Can I just say “ where is the kindness?” I’ll assume that most everyone who has left a comment are adults. Count how many times a derogatory response was written. I mean name calling are you serious. The true middle of the road is POLITE not hateful.

Leave a Reply

Your email address will not be published. Required fields are marked *