We have three branches of government to prevent the consolidation of power. Using MN Stat. Sec. 12.31, the Governor usurped the Republican-held Senate, legislative process, and the checks and balances provided by our three branches of government when he unilaterally declared a peacetime emergency, and unilaterally providing himself the power to write laws with enforcement powers, without judicial or legislative input or review. He has done this with the assurance that, due to the split legislature, his powers will never be taken or time-limited.
The Governor has exceeded his legal authority in three ways:
1) Executive orders violate the non-delegation doctrine because the executive orders are an exercise of pure legislative power without judicial oversight.
2) Minnesota Statutes § 12.31 unconstitutionally authorizes a legislative veto; there is no Minnesota Constitutional provision authorizing legislative vetoes.
3) Minnesota Statutes § 12.31 subd. 2 does not authorize the Governor to invoke emergency powers for public health purposes, so the Governor is unconstitutionally expanding his powers.
Public health crisis extend for long periods of time indefinitely, and the executive orders associated are not limited in scope. This is why, just prior to Governor Walz declaring a peacetime emergency, a bill was introduced in the MN House to allow him to declare a peacetime emergency for a "public health emergency." This bill did not pass, but he declared one anyway. Without declaring a peacetime emergency, he would not have the authority to dictate stay at home orders, or Minnesota businesses and churches close.
If we are successful, we will end the Governor's peacetime emergency and all of his executive orders. Power to write laws will remain with the legislature. Most importantly, our success will mean Governor Walz won't be able to declare an emergency again or make new orders for a virus which will be with us for years.
People across Minnesota have been asking how they can help end the Governor's powers under the peacetime emergency. We will be joining in their effort to stop the unilateral executive orders by filing suit on May 28th. We need your help raising approximately $20,000 for legal fees and expenses so that we can move forward quickly. Any money not used for this lawsuit will be placed in a fund to help small businesses with legal fees. Their efforts can be tracked on freeminnesota.net. None of the money will be used for political campaigns. Contributions are not tax-deductible.
All businesses should be allowed to open and treated equally. Governor Walz should not be allowed to continue the peacetime emergency indefinitely so that he can use his unilateral power to spend and create policies that support his agenda through the next election cycle. This authoritarian chapter in MN history should never be allowed to happen again.