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Matthew
Matthew, Lawyer
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I have read extensively articles relative to the Governor's

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I have read extensively articles relative to the Governor's powers. Although the Governor has broad powers I find no where in the Kentucky Constitution where that the Governor of Ky. has the power, or authority, to declare Martial Law as the current Governor has in this situation concerning the C Virus. In fact, by the Constitution of the United States I find a declaration of Martial Law is reserved for the President of the United States only. Am I missing something somewhere that gives Kentucky's current Governor the authority to order people to close their shops, businesses, etc. and not even to have Church?
JA: Have you talked to a lawyer about this?
Customer: No
JA: What steps have you taken so far?
Customer: Just research of articles on the computer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just clarification relative to the current Governor's authority to close down this Commonwealth.

 

Hello, I am Matthew and I will be the attorney assisting you today. Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney. Please feel free to ignore any phone service request unless you feel you would like to discuss directly with me as those are sent by the site automatically.

 

 

 

The right to make orders such as the stay at home order in Kentucky is given to the states under the 10th Amendment. All powers not expressly given to the Federal Government are given to the states. So you aren't missing something, its actually the absence of it in the Constitution that makes it a state issue. These are legal orders and punishment would be upheld by the Kentucky court system, because its a Kentucky Law, and the U.S. Supreme Court, because of the 10th Amendment.

Customer: replied 13 days ago.
Unbelievable - a loop hole. Can the Governor's authority to close private business be contested ?
Customer: replied 13 days ago.
I don't have but a few questions or comments and I had rather stay on line

Sure it could be contested, but I would advise it is a losing battle because nothing will trump saving lives by the necessary means according to generally accepted science. This would cost time, money and effort and likely could not even be pursued until after the Courts open, which is when businesses should also reopen.

 

Are there any other aspects of this public health and safety power I could explain for you?

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