I Fought the Law and the Law Won!

It's been about one year since I wrote my first Newsletter regarding this so called pandemic and shouted.... 

 

"I’m calling... B.S.!"

 

The reason I called BS, and continue to call BS is because I don't trust most politicians to make the best decisions for the people. And shutting down a large portion of the world economy for a "virus" without clear evidence, is asinine. But it's so expected from liars, power hungry, godless men. If we would open our eyes and ears we can easily recognize the BS. Read my past opinion newsletters if you want to eat more of my brain food.

 

I hope you have not decided to just WAIT UNTIL THEY STOP THE "REQUIREMENTS" on masks, physical distancing, closing businesses, and whatever nonsense the politics and elites throw our way. Why do I say this? Because facts and data doesn't stop at opinions nor past facts. Facts and evidence continues on and if we decide to stop looking for it, we have given up. Given up on preserving our rights and freedoms.  But hey, if that isn't important to you, then I guess you can just wait and see. 

 

In this newsletter I will contemplate on the Law.  You heard the lyrics, 'I fought the law and the law won'. Well people, did you know the law is on your side? I mean the side of your rights and freedoms. There is a time and I'm afraid its now, that people don't want to know their rights and will accept others to acquiesce crimes upon them and not do anything about it. We will discuss a most obvious criminal activity upon our society that most people willingly accepted.  The Mask.  And at the end of the newsletter, I think you will see that the pandemic is...over?

 

Come travel with me on the Freedom Train. Thanks for reading and I truly thank all of you who continue to support our business.  Things are changing over here which I will inform you of in the near future. Enjoy and may the Lord give peace to you and your family during this season of unreasoning.  Mark

 

  

the law is power

By Mark Ortiz, Male species/american/novice blogger

Have you considered that rules, even rules under a dictator are a means for order in a particular group or setting?  Even though we Americans all enjoy the benefits of abounding freedom regardless of the type of rules, there are countries that live and function under various laws and the people live fine, I guess, depending what you define as fine.  Did you ever think about how the rules and laws of America do not or cannot fit in another country? Some of us may think Americas laws may work elsewhere, but no, it cannot and therefore we should try to accept that the people there have to find order and meaning just as we do. 

 

What I'm getting at is that laws, order, rights, freedoms are different for every country and in our case, every state and we ALL try to do what we can under those laws (good or bad, right or wrong) and change them or hold fast to them as much as we can for either our own benefit or the benefit of the community, state or country. 

 

Are you doing this? Do you know your rights and act on them or just letting others 'dictate' what you should do?

 


What is a LAW vs a MANDATE?

 

I never paid much attention in civics class because I was too busy watching my counterparts figure out this new brain game called the Rubiks Cube.  I was also trying to get the courage to ask Darla to go to prom with me. I failed at both!  That's ok, I figured out how to fix natural stone and married the most amazing person in the world. It has all worked out for me, so far.

 

In civics, you learn how the laws are passed and who has the powers to enact certain mandates on the people.  I think most people really didn't care much about this until they were told they had to do something that seemed awfully oxymoronic, such as stay 6 feet apart from your fellow American and wear an ineffective paper or cloth mask. I guess I do feel safer when I'm using a public urinal and the one next to me has caution tape on it and the guy in the one next to that is covered from nose to chin with a two layered air suppressant.  By the way, it may apparently stop the Wuhoo virus but we can still smell the guys exhaust if you know what I mean?

 

If  I asked for a raising of hands who has investigated the facts and has conclusive evidence defining what both law and mandates are, would you raise your hand?  My un-surveyed guess is that less than 10% of people would raise their hand.  Where's my evidence? My evidence is based on observation that less than 10% of the people or businesses out there forbid to wear masks or reject the mandates because they are NOT afraid of legal or verbal ramifications.   Let's look at what a Law verses a Mandate is.  

 


For legal protection, I am not a lawyer or have any degrees in law. This newsletter is for entertainment purposes only and every person needs to get sound legal advise before making decisions that could impact their lives or businesses. For the record, I am disappointed in lawyers who are not educating the people during this uncertain time, but maybe more concerned about their reputation or cash flow verses principles.  I do apologize if I make lawyers sound unethical!

 

So let's define a LAW. 

: a binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority 

 

What is a Federal Law?

: formed by a compact between political units that surrender their individual sovereignty to a central authority but retain limited residuary powers of government

 

And a state Law?

: a law or body of laws promulgated by a state legislature

 

Hmmm,  So it appears to me, at first glance and in my puny brain, that state laws must be promulgated (to make known) by the legislature, but must surrender to a central authority of the federal level. Here's what I found...  

 

(http://tigersafety.us/WhatifState&FedLawConflict.PDF)  The Supremacy Clause (Article VI, Clause 2) of the United States Constitution declares that federal laws are the "supreme Law of the Land." Hence, state court laws are inferior so long as the federal law is valid (constitutional). 

 

Example of federal law supremacy, An instance that comes to mind right away is when State laws violate a person's federally enforced rights. Since the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, states are not allowed to have laws that discriminate based on race and certain other factors, even through many of the additional voter eligibility rules can be set by states. Thus, states are forbidden to set voter eligibility based on race, gender, or age (18 is mandated), but, they can set it based on prior criminal record, mental health, etc, up until the federal government passes a law on those subjects, at which point, the federal law takes precedence. 

 

So unless, there is something I'm missing, it doesn't take much brain power to understand that Federal Laws supersede State Laws.  Ok, so before we look for the law on "forced mask wearing"  Let's look at the definition of a Mandate.


 What is a Mandate? 

 

https://legal-dictionary.thefreedictionary.com/mandate

 judicial command, order, or precept, written or oral, from a court; a direction

 that a court has the authority to give and an individual is bound to obey.

 

Ok, so a command or order verbalized by the governor to establish a directive to the people of California is acceptable but first it has to pass mustard with the courts. Why? Because it must not violate any other laws nor be "illegal".  

 

This is not to hard to ask, is it? For example, the Governor ordered a mandate called Executive Order N-67-20 and a boatload of others https://www.gov.ca.gov/2021/03/ .  I had to find an official document to reference, other than the local newspapers.  So I found this order with no letterhead (Apparently none have official letter heads.).    https://www.gov.ca.gov/wp-content/uploads/2020/06/6.3.20-EO-N-67-20.docx.pdf   

 

This order N-67-20 is a proclamation  in California as a result of the threat of COVID-19 and had to do with preserving the elections in November 2020.  This is important because if the order is not passed by the courts then all other "Orders, requirements, policies" related to or made because of, cannot be allowed, especially if it violates current State or Federal Laws.  So here's what happened on June 3,2020.  Judge Heckman said, "The Governor (Newsom) does not have the power or authority to assume the Legislature's role of creating legislative policy and enactment. Because Executive Order N-67-20 amended sections of the Elections Code it exceeds the Governor's authority under CESA and renders Executive Order N-67-20 INVALID. Importantly, Judge Heckman did rule “On the issue of whether Executive Order N-67-20 was authorized by the California Emergency Services Act, the court finds the executive order was NOT authorized by the CESA because it improperly amended existing statutory law, exceeding the governor’s authority and violating the separation of powers.”  https://californiaglobe.com/section-2/breaking-court-declares-gov-newsoms-abuse-of-power-unconstitutional/

 

What!  INVALID? Why haven't we heard or read about this?  Because we live in a BS world of cover up, and agendas rule the day.  In my understanding, this executive order was given, it was accepted as such by some and then it was ruled invalid, then nothing was said or publicly mentioned. It's exactly like fake news. Throw it out there and see if it sticks. If it doesn't then oh well... we still got what we wanted, which was free press and willing followers.  Are you concerned about what other orders where made "invalid" or not legal?

 

So what is the basis for the Covid laws or mandates?  Inquiring minds want to know!


What started all this hoopla? 

 

Oh yeah, the Proclamation of a state of Emergency. Do you remember that? Do you know what it is and how long it lasts?

 

All the so-called Covid mandates, rules, guidelines and other oddities put on us, all stem from this one very important fact, that there must be a State of Emergency in place to make all of them active.

 

https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf   

  

READ THE OFFICIAL DOCUMENT ABOVE. If you don't, then here's my take. It is a plan of addressing the Covid outbreak in a way, under the law, to help guide state and local actions to preserve public health...

 

The proclamation defers to the California Department of Public Health (CDPH) to produce the guidelines for Covid. This means that the Governor does not have any authority to tell the people what to do but only ordering the agencies under him.

 

So what does the CDPH have to say? For there we will find the law, mandate, guidelines.  Or will we?

 If you go directly to the California department of public health website (CDPH.gov) and dig around you will get caught in a web of confusion or worse, brainwashing. Brainwashing, because if you just accept the premise that there is  a pandemic, you will go along with the recommendations. But if you ask yourself if this is all legal and the law, and conclude it's not, then you are being lied to or at the least, being manipulated to 'think' it is a law.  

 

As long as we are in a State of Emergency, the show goes on. Do you know how long a State of Emergency lasts until it has to be re-evaluated and re-instated publicly?  Answer in a moment. 


 

 

THE MASK

 

 https://covid19.ca.gov/masks-and-ppe/  

 

The State branch of government called the California Department of Public Health issues the "Guidance Mandate" given orders from Gov. Newsom. office.  https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx   

 

 

I have read this dozens of times and it's a piece of work with more double talk than Trump and Obama combined.  Let's look at it, shall we? 

 

The mask is the most obvious and the greatest personal irritant people face. (Ha ha that was funny, didn't even mean for it to be.) But we want to know if we HAVE to wear it. If you think there is a pandemic and the paper or cloth will help, then go ahead. But do it knowing whether you have to, or not. In this way, you will treat customers, family members, neighbors and others with respect and also understanding of the law, and ultimately their freedoms too!

 

The document is very clear that its a GUIDANCE for the use of Face Coverings because that is the way it is written in the subject line. A few lines later it says, "this updated guidance mandates that a face covering is REQUIRED at all times...  So, Newsom and acting State Health Officer, Erica Pan, which is it? Guidance, mandate, or requirement?  Let's keep reading in their own words. 

 

"The purpose of this GUIDENCE is to provide information about 'when' face coverings are REQUIRED. It MANDATES that face covering be worn state wide at ALL TIMES OUTSIDE THE HOME, unless exceptions apply."

 

"People in California MUST wear face coverings when they are outside of the home..."

 

One of the bold points is, When should I wear a cloth face covering?  The answer to that question is written, "You SHOULD wear face coverings whenever you are outside of your home,"    

 

So people, do you see the double talk yet?  

Guidance  :  direction / advice / counseling

Mandate  :  command / order

Requirement  :  a thing demanded / obligatory

Should  :  must / ought / would

Must  :  obliged / bound / necessity

 

So which is it?  It's like religion. All can't be right because there's contradiction. So maybe all are wrong?  The fact is, that until it passes legislation it can't be a law.  And a mandate can only be enforced if it doesn't contradict a present order, state law or federal law.  Do we live under the Rule of Guidance, or the Rule of Law?


The CDC

 

 

And guess who the CDPH refers to the standard....you guessed it, the All-knowing C.D.C. 

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html#evidence-effectiveness

 

At the top of their page for masks are the bold letters,  Guidance for Wearing Masks and the page is full of "Shouldas".   In addition, it is a document showing how masks are effective and that it's perfectly safe to have those on your face.  I don't have time, nor your attention span to show evidence of the negative effects of wearing masks. 


Private innocent citizens are being harassed, hand cuffed, fined and jailed for resisting or rejecting this unlawful mask mandate. But here's the thing. Since people are not looking for the truth, of the laws, they go along with it and believe it is a law. Just ask them. I do, and when I ask "Show me the law.", they say, "I don't have to, but it is."

 

I call this, ignorance.


I'm almost finished with my rant.

  

I hoped to have made you a little more aware of your rights, so you can think and act more confident in our suppressive culture.  

 

RECAP:

The proclamation of State of Emergency was made, that gave authority to governors to create mandates.

 

Mandates do not change the existing law nor make laws forcing people to do something that is not allowed either by the state laws or the federal laws.  Mandates can only temporarily alter existing laws but not contradict or change them.

 

The CDPH does not make laws but gives guidance and recommendations to the citizens and state employees.

 

The CDPH refers to the CDC for more accurate guidelines yet does not make laws or order people what to do.

 

So, where is the law to wear masks or require people to put them on before buying goods and services?  There are laws on the books that say we cannot discriminate in public settings or businesses. Telling someone to put on a mask or take off a mask, except for certain locations such as banks, is against both the state and federal law and violators can be charged accordingly.  

 

 


Are we still in a State of Emergency?

 

 

I asked you how long does an emergency last? The Governor of The State of California called a state emergency on March 4. The State of Emergency says the emergency must be terminated at the earliest possible date.  Only the State legislature can extend the emergency in California.  By law the state of emergency terminates in 60 days. The governor of California has extended the lockdown for another 90 days.
https://www.lewrockwell.com/2020/05/bill-sardi/current-state-of-emergency-in-california/  - Peggy Hall 

 

The Pandemic is Over!

 

The following written documents prove that the Covid Emergency is over. (Click the links)

 

It was declared on  March 4th, 2020 by Newsome we have a state of emergency.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SCR5

 

The final ruling was issued on November 13, 2020; and WHEREAS, An open-ended state of emergency, with boundless powers vested in a chief executive, is incompatible with democratic government; and WHEREAS, It is critical that a proper balance be restored between the legislative and executive branches; now, therefore, be it Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature, in accordance with Section 8629 of the Government Code, declares that the state of emergency proclaimed by Governor Gavin Newsom on March 4, 2020, is at an end and that the emergency powers granted to the Governor as a result of that proclamation are hereby terminated; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the Governor of California.
(California legislature 2021-2022 regular session) February 02, 2021.

SHUT THE FRONT DOOR!   DROP THE MIC!   I'LL BE A MONKEYS UNCLE!   HOLY MANDATES BATMAN!
Is the Covid emergency really over? YES IT IS!  If it is, then all these stupid rules and mandates are for nothing!  And it appears to me and the few who drink like me, that the citizens of California and elsewhere are being lied to.  But don't be surprised if this BS continues, it's only politics!

 

Who do I thank?

 

I want to thank a very brave and incredible lady in southern California. I didn't quote her at all (except one reference) because I wanted to see what I could find without using her extensive research and resources.

 

Her name is Peggy Hall ... and she founded www.thehealthyamerican.org.

Go there today and check out her research and documents. Sign up for her newsletters and make a contribution if it has been helpful. She does YouTube videos and other social media platforms, and is committed to helping save small businesses. I appreciate her because she is truthful, passionate, brave and faithful. 

 

These are the characteristics that we all need these days. Everyone stay strong and let me know what you think.  I'm sure my lawyer customers are laughing at my research and my conclusions.  But I do have a full time job, family and weekly study meetings with guys, so give me a little slack. Haha. Actually, straighten me out with your comments below. I'm sure we would like to see them. 

 

Thank you and may the Lord bless your hearts and home.

 

I have an exciting announcement about Perfect Granite Solutions that I'll share in the next Newsletter!

 

Mark Ortiz

Professional Stone Specialist, Novice Blogger, and Selective Irritant.

 


 

Final Thoughts

 

When you stand for something, someone will be there to try and knock you down. You need to be courageous like never before. Many of you already have been taking on the fight. Personally I thank you, and to me, you are some of the the unseen heroes who will help restore our economy and bring back jobs.  

 

                                                                              Keep the fight and don't be afraid to "Call B.S."

 

 

 

May God bless you all.  

Mark

 

 

Pass this useful information to your staff and everyone associated with the stone industry. Let us know if you want to be added to our Monthly Education Newsletters.

 

Do you have a topic that the industry needs to know about? Email it to me: mark@perfectgranitesolutions.com

 

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Write a comment

Comments: 3
  • #1

    Tom Roman (Friday, 02 April 2021 11:05)

    AMEN to that

  • #2

    Kim Brown (Friday, 02 April 2021 21:11)

    Are you going to tackle vaccine passports next? I am way more afraid of the jab than the "virus", and am sincerely concerned that our freedoms are at stake.

  • #3

    Mark Ortiz (Friday, 02 April 2021 22:38)

    Tom, keep praying. The Lord knows the beginning and the end.

    Kim, do you think people are ready to hear the truth about vaccines? I’ll seriously consider it. We must be persistent on shedding light on these issues. Thanks for the suggestion!