Executive Order vs. Emergency Order

In the great state of Texas, there is a legal battle brewing. One between the Executive and Judicial branches of the government.

In the great apocalypse of COVID-19 Democrat local governments have found it appropriate to function outside of the framework of the State and Federal Constitution.

I find myself torn over the issue. I’m a god-fearing, gun-toting, Liberty-loving conservative who preaches every day on a Nationally-heard podcast that government should be in my life as little as possible. I will follow the law, be a good upstanding citizen and please just leave me alone. What happens when local government steps outside the boundaries of the laws set by the state?

Here is Texas: Dallas County Judge Clay Jenkins has once again taken matters into his own hands and has ruled via Emergency Order that Dallas County will require masks mandates after Governor Greg Abbott signed an Executive Order to the contrary.

What happens now? Let’s look at the difference between Executive Order and Emergency Order.

Here is the definition of an Executive Order:

An executive order may be a general policy statement made by the Governor. The order does not have the force and effect of law. The purpose of such an order is to persuade or encourage persons, both within and without government, to accomplish the Governor’s policy set out in the order.

Now here is the definition of an Emergency Order:

An emergency order may be filed by a county judge and may last no longer than 7 days unless with full consent of the commissioner’s court. It may be used in times of emergency, manmade or natural until a time of safety can be determined.

Who determines times of emergency?

Who determines when the emergency ends?

In Texas, local emergencies are determined by:

The county judge is designated as the emergency management director for the county. Tex. Gov’t Code §418.1015(a). The county judge serves as the governor’s designated agent in the administration and supervision of duties under chapter 418 and may exercise the powers granted to the governor under the chapter “on an appropriate local scale.” §418.1015 (b).

Did you get that? The county judge serves as the governor’s designated agent. To me, this would mean that the Executive Order of the Governor supersedes the Emergency order of the designated agent, county judge.

Where does this leave us? We are currently living in a two-tiered justice system. Where county judges believe they can overrule or just flat disregard the Executive Orders of the Executive branch of government.

As Texans and Americans, we need to take action now. Call your Local, State or Federal Representative and tell them you want this changed. Call your Senators and demand that they do something about this. If enough of you are heard change can be made.

Content syndicated from TheLibertyLoft.com with permission.