First and foremost… how awesome is that cover picture? I am not sure where it comes from— I found it on Google when I searched “King Cuomo Meme,” and I seen the tag “Fed Up Democrat” on it—so Kudos to Fed Up Democrat for this sick picture.

So…

I have been getting this question a lot lately—is an Executive Order law?  Long story short, yes—but because (a) it functions differently, (b) it has different requirements, and (c) Emperor Cuomo doesn’t give a shit, it seems confusing.

The better question is whether or not it could truly be enforced with NEW fines and NEW penalties.  From the text of the statutes, I would say no—but the Courts basically have their lips permanently pressed to this guys ass, so they will find creative ways to let him do as he please.

Regardless, here is a story, followed by an analysis of why he is the Emperor, and why I’ll have a job defending businesses for the rest of my career.

Here is the story.

The year is 2020. Since March, the world has been crippled as a result of the coronavirus. Not that the virus itself is crippling the world, but the consistent fear mongering of the media and our elected officials, combined with overzealous governing bodies who can’t wait to interfere in private business and private lives are what is destroying everything around us.

To be clear, keep in mind that COVID has been “responsible” for 246,000 cases by the time of this blog. Ironically (a) the seasonal flu has been REDUCED in excess of 95% when compared to 2019-2020, (b) the CDC indicates that by week 45 in 2020, they have only found 49 cases attributable to the flu; and (c) there are numerous reports, including my own family, where deaths had nothing to do with COVID, but of course, if a “trace” of COVID is in your system, your death was attributable to COVID.

So basically, while the seasonal flu has been reduced by at least 95%, COVID has precisely the same number of deaths added to the total as the reduction in flu (so yes… in other words… bullshit).

Anyway, back to the story.

Here in the People’s Republik of New Yawk, Emperor Cuomo has essentially all but destroyed private business in New York City. With an endless amount of executive orders shutting down businesses, shutting down courts, requiring people to distance, requiring people to wear masks, requiring people to follow curfew, issuing fines for non-compliance for up to $10,000, reducing business capacity, and even so much as reducing the amount of people you can have in your own home for the holidays, he has basically run unopposed, and has done every single thing he has wanted via “executive order.”

While he enjoys an 81% approval rating as of Oct. 2020, occasionally someone will ask—“um, is this legal? I mean, he governs as a king!”

Well.. that’s why we are here folks—is this legal? What is this “executive order” that we talk about and why is it so good at destroying our economy!?

I do want to break up these blog entries, since a true analysis here would be tremendous, so in this entry—we just introduce what it is, and whether or not it can be enforced —especially since this dope, Emperor Cuomo, continues to keep everyone confused when he says things like:

“We’re not in China, and we’re not in Wuhan. I don’t believe it would be legal. I believe it would be illegal” when discussing if we can enforce quarantines and stay at home orders (3/28/20)

https://www.cnbc.com/2020/03/28/ny-gov-cuomo-says-trump-has-no-authority-to-impose-quarantine.html

Then in another breath:

“we will take an added step by issuing Executive Orders to increase the State’s enforcement capacity” when discussing how he will have to increase resources to encourage greater enforcement of the restrictions (6/18/20)

https://www.governor.ny.gov/news/governor-cuomo-issues-executive-order-strengthening-state-enforcement-during-phased-reopening

The double speak here is aggressive.

So lets get down to it.

Emperor Cuomo finds his power derives from the Executive Law of New York, and pursuant to NY CLS Exec §28, whenever the Emperor, on his own initiative or pursuant to a request from one or more chief executives, finds that a disaster has occurred or may be imminent for which local governments are unable to respond adequately, he shall declare a disaster emergency by Executive Order (“EO”).

The EO shall remain in effect for a period not to exceed 6 months or until rescinded by the Emperor, whichever occurs first. Sec. 28(3) permits the Emperor to extend the state disaster emergency for additional periods not to exceed 6 months each time.

Once the Emperor declares the State of Emergency (“SOE”), pursuant to NY CLS Exec § 29, the Emperor may direct any and all agencies of the state government to provide assistance under the coordination of the disaster preparedness commission. Such state assistance may include, but is not limited to: (1) allocating resources and money; (2) distributing such resources and materials through any public or private agency authorized to distribute the same; (3) performing work on public or private lands for “safety,” or (4) taking over any facilities, equipment, supplies and personnel as may be necessary to assist in coping with the SOE.

In order words, substantial power is allocated to the Emperor.

The Emperor is also permitted to suspend other laws pursuant to NY CLS Exec § 29-a.

The rule is that subject to the limits of the state constitution, the federal constitution and federal statutes and regulations, the Emperor may by EO temporarily suspend any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the disaster or if necessary to assist or aid in coping with such disaster.

However, the Emperor is ONLY PERMITTED TO ISSUE EO’s in the following instances: fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, disease outbreak, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological, or bacteriological release, water contamination, bridge failure or bridge collapse.

NOTE: But don’t worry about the above—that little nuisance, the limitations, will no longer be on the record come 4/30/2021, and the Emperor will not have any categorical restrictions. Not that this jerk followed them anyway, but whatever.

However, this is limited by NY CLS Exec § 29-a(2), as any suspensions shall be subject to the following standards and limits,

  • no suspension or directive shall be made for a period in excess of 30 days, provided, however, that upon reconsideration of all of the relevant facts and circumstances, the governor may extend the suspension for additional periods not to exceed 30 days each;
  • no suspension or directive shall be made which is not in the interest of the health or welfare of the public and which is not reasonably necessary to aid the disaster effort;
  • any such suspension order shall specify the statute, local law, ordinance, order, rule or regulation or part thereof to be suspended and the terms and conditions of the suspension;
  • the order may provide for such suspension only under particular circumstances, and may provide for the alteration or modification of the requirements of such statute, local law, ordinance, order, rule or regulation suspended, and may include other terms and conditions;
  • any such suspension order or directive shall provide for the minimum deviation from the requirements of the statute, local law, ordinance, order, rule or regulation suspended consistent with the goals of the disaster action deemed necessary; and
  • when practicable, specialists shall be assigned to assist with the related emergency actions to avoid needless adverse effects resulting from such suspension.

So let’s stop here because this is a lot to digest. The key ideas are as followed:

RULES: The Emperor may invoke the EO powers if the following occur:

  • Must declare a state of emergency
  • Period may not exceed 6 months.
  • EO’s are limited to constitution and its restrictions;
  • EO’s are only to be used if compliance would “prevent or hinder” necessary action to cope with the emergency;
  • EO’s are to be limited to certain categories. Not sure where the term PANDEMIC comes from—perhaps “disease outbreak”
  • EO’s shall expire in 30 days, and upon expiration, must have a reconsideration of all relevant facts and circumstances if they are to be brought back alive;
  • EO’s must be reasonably necessary to aid in the disaster effort;
  • EO’s must specify the statute or local law to be suspended;
  • The suspension must be only under particular circumstances (i.e. case by case basis);
  • EO’s must have a de minimus effect on the statute being suspended, and;
  • EO’s must avoid needless adverse effects.

So clearly, it doesn’t take much to see that basically everything above is violated:

  • EO’s are never reconsidered, since they do not care to look at the current circumstances, rather they continuously regurgitate the same trash.
  • They are never even reasonably necessary to aid in the disaster effort.
  • They never have a de minimus effect on anything.
  • They do NOT pass constitutional scrutiny; and
  • They have TONS of needless adverse effects, such as a 40% increase in domestic violence cases, suicides and spousal abuse.

CONCLUSION.

The big idea is followed. As far as I am understanding the statute—an EO is not supposed to be new law, but supposed to be an order, grounded in constitutionality, that temporarily SUSPENDS an existing statute, rule or local law, or any part thereof—and may affirmatively direct agencies, allocating money to do certain things. Any “directives” must be necessary to enforce such directive.

So it seems like as of now, while it is considered Executive Law (Hell—it falls under the term Executive Law), there are a tremendous amount of procedural hurdles that should be followed.

It looks like if there is supposed to be an enforcement mechanism, that mechanism is supposed to be in conjunction with something that is already in existence. In other words, if there is currently no mechanism arm, then it should not be enforceable.

Courts have completely bent over for the Emperor, and while it uses big language like “Exec. Law § 29-a requires that the suspension of law be narrowly tailored to achieve the action necessary to avert the crisis in question”, it gives all the deference in the world to the King.

While it is nice to be the Emperor, I am sure that one day, the Emperor will be seen to have no clothes.