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Patrick Cashman
Member since Jan 7, 2018
Recent Comments
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
I'm not making you into anything, Matt. You are choosing a side and I am pointing out the inherent evil in the side you are choosing. Americans have done so in the past with anti-sedition laws, suspension of habeus corpus, interment of Japanese Americans, communist witch hunts, etc etc. There are always those who fall all over themselves to all over themselves to endorse the government's evil acts because they imagine they provide some imagined safety. Like I said; it's your choice.
Posted by
Patrick Cashman
on 04/05/2020 at 4:56 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
EAO,
You do realize that submitters have to pay for public records requests, right?
Posted by
Patrick Cashman
on 04/05/2020 at 3:34 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
Matt Kelly,
20 V.S.A. 8 and 9 are even less supportive of your peculiar notion of unbridled Government power. 8 allows the governor to direct the emergency management agency. That's it. 9 Expands his powers to reach into agencies of the state government and direct where and how government assets are focused, and the authority to waive permit requirements for new construction. That's it. All existing powers of the government but with new rules on how they are applied.
You have to pick which side of history you're on Matt. Our descendants will not judge kindly those who were so eager to sell their hard won liberties for some simulacrum of safety. And as I said, hopefully those politicians who defaulted to depriving their employers of their rights when faced with a panic will face accountability in a court with personal and individual penalties. No qualified immunity, Phil knows perfectly well what he is doing is beyond the authority we granted him and qualified immunity doesn't apply if an official knowingly violates the law. Phil's got some deep pockets, but hopefully some enterprising soul will sue him into penury.
Posted by
Patrick Cashman
on 04/05/2020 at 3:10 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
Matt Kelly,
As I said in the beginning, panicked functionaries understand that the government gets to litigate for free, so they choose to violate Citizens' rights now in the expectation that even if they are held to account it won't be for a long time and only after a Citizen is forced to expend personal funds and time to regain the rights stolen from them. It's cowardice and demonstrates utter lack of principle.
It always amazes me that we look at the decisions and choices of those who come before us and judge them harshly, thinking that in the same situation we would do much better. Yet here we are, trampling individual citizen's rights because people and politicians are scared, just as our grandparents did when they chose to intern Japanese Americans. It's shameful.
No Matt, we don't agree to disagree. You are wrong, period. It is not the obligation of the Citizen to continually re-fight battles to defend their rights, it is the government's obligation to respect them regardless of whatever crises real or imagined come down the pike.
Posted by
Patrick Cashman
on 04/05/2020 at 12:45 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
Matt Kelly, I’m sorry but that is completely wrong. You’d be hard pressed to find any “legal scholar” to buy into your notion that “other” means; “… any and all powers the god-king desires.” I would encourage anyone who may have stumbled upon this comment to please read 20 V.S.A. 11 for themselves. It is less than a page and is, as laws are supposed to be, plainly worded. It can be found at https://legislature.vermont.gov/statutes/s…
Our government has certain powers that we grant them. Those powers are applied in accordance with certain rules. 20 V.S.A 11 alters the rules by which those powers are used, it doesn’t grant new powers. The existing powers listed in this section:
- (1) Lease or lend state property to the federal government and transfer state employees to a branch of the armed forces.
- (2) Enter into contracts for lease or loan of state property or personnel to towns.
- (3) Seize private property for the protection of the public.
- (4) Then sell, lend or give such properties away and must account for the sale with the treasurer.
- (5) The property owner must be compensated for his lost property either for its temporary use or permanent loss. And if he believes himself insufficiently compensated this section lays out how to appeal to a court (further reinforcing that the governor’s power is subject to judicial review).
- (6) Leaves the door open to modify rules for other existing powers.
That’s it. No new powers. No authority to restrict the individual rights of citizens who are protected from their own government by the Bill of Rights and the Vermont Constitution. We need to remember these people are our employees and the most important part of leading is to supervise. It’s time for some supervision.
Posted by
Patrick Cashman
on 04/05/2020 at 11:39 AM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
Matt Kelley,
Not really. That section is clearly referring to existing "functions, powers, or duties", it doesn't allow anyone to arbitrarily create new functions, powers or duties. In an emergency the Governor gets a free hand in the operations of the state government and can direct businesses, agencies, and non-profits. He doesn't suddenly gain godlike or royal authority to restrict the rights of other citizens who are his peers, not his peons. If we accept your interpretation of that section that would mean an obscure paragraph deep within our state statutes somehow empowers a public servant to simply declare an emergency and suddenly gain unbridled, pharaoh like power.
Eagerly and meekly accepting such trampling of individual rights simply because people are scared is how we end up with abominations such as the internment of Japanese Americans, loyalty oaths, and anti-sedition laws.
Posted by
Patrick Cashman
on 04/04/2020 at 4:47 PM
Re: “Burlington Police to Ticket People Who Violate Stay-At-Home Order”
"During a public health emergency, there are extremely strong requirements of governments to provide truthful information to the public so that we as individuals and in our communities can make decisions about what we should be doing," said David Kaye, the United Nations' special rapporteur on freedom of opinion and expression.
Heck yeah!