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Matt Kelly
Member since Feb 4, 2015
Recent Comments
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
@Pat Cashman
Wrong in your opinion only. The law is something completely different. This is an example of Polarization, using one social construct to defend another.
It's there in writing in our State's Statutes for all to read Title 20, Chapter 1, Section 11, (6) "...Internal Security and Public Safety'...'Emergency Management'....'Additional Emergency Powers'.... '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.'
Also, it is important to note that in his State of Emergency he invoked "....the emergency powers set forth in 20 V.S.A. 8, 9 and 11 and other laws...." in his declaration.
Posted by
Matt Kelly
on 04/05/2020 at 1:52 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
@Pat Cashman
We'll have to agree to disagree, but if you feel this strongly, why aren't you filing a motion challenging that power, in Court, instead of challenging my pointing out here, the Statute where he does?
Again, Title 20 is 'Internal Security and Public Safety' specifically, with Chapter 001 being 'Emergency Management.'
The first line states: "In the event of an all-hazards event, the governor may exercise any or all of the following additional powers"....again he has declared a State of Emergency, granting him these powers.
The final segment (6) stating:
"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."
That sentence alone gives him the power and has been granted to whomever holds the office by previous Legislatures to protect Public Safety.
History is full of Presidents taking on additional powers that are not granted but also not prohibited in our Constitution. Until this is challenged by the Legislature or other party and ruled on by a Court saying he doesn't have this authority in times of Emergency, he does, as exemplified by him doing so, and no one restricting him.
Posted by
Matt Kelly
on 04/05/2020 at 12:22 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
@GreenMtnBoy2
The Governor's legal counsel is Jaye Pershing Johnson, with whom I was referring to. Thanks for your insights!
Posted by
Matt Kelly
on 04/05/2020 at 10:43 AM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
@Pat Cashman. Hi Pat, I really enjoy reading your comments here. Thanks for your passion for Democracy. The key words in the Statute are "other" which to a legal scholar means as yet unspecified, and "as deemed necessary". As the Governor declared a State of Emergency, it invokes this power. Be assured that he cleared everything with his legal team to insure he was within his authority, particularly in an unprecedented event such as this. Also, the Statute I refer to has been ratified by several legislatures including 1959, 1973, 1985 and 2005 so it isn't a new power he seized but one granted to whom ever holds the office from our elected legislative bodies, with either Democrat and Republican majorities.
Posted by
Matt Kelly
on 04/04/2020 at 9:40 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
Actually Pat Cashman, I believe it is in 20 V.S.A. 11
Title 20 Internal Security and Public Safety Emergency Management
"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."
This gives him pretty broad powers.
Posted by
Matt Kelly
on 04/04/2020 at 4:23 PM
Re: “Burlington City Council President Kurt Wright Won't Seek Reelection”
Clearing the way for Dave Hartnett to run!
Posted by
Matt Kelly
on 12/05/2019 at 1:11 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
@Pat Cashman
Sounds like you are making me the enemy here.
Realize Pat that all systems are flawed. There's no such thing as something which is completely right. When you get into belief systems, you have to understand that those are social constructs. So it's understanding that no one of us is better than any other whether we want to admit it to ourselves or not.
Your use of polarization, "you didn't think of this way shows what a bad person you are and what a good person I am," just creates a good guy bad guy scenario that tends not to result in people empathizing with each other's point of view.
I believe the Statutes speak for themselves. The Governor believes he has the Emergency Powers to act in the Public Safety and cited specific clauses in his Order and I'm certain he sought out greater legal minds than ours in so doing.
You obviously believe otherwise. Thank you for this wonderful exercise in civics and civic discourse!