Liberty Blog

The Montgomery County Libertarian Committee of Pennsylvania is calling on all registered Libertarians as well a all registered voters generally within the commonwealth of Pennsylvania to vote ‘Yes’ on two ballot questions on May 18th 2021 regarding the governor’s emergency powers.

One ballot question would alter the state constitution such that the state legislature would be granted the ability to override the governor’s emergency declarations with a simple majority. The other ballot question would alter the state constitution to require all future emergency declarations to expire after 21 days, require the state legislature vote on any extensions of that declaration, and remove the ability of the governor to unilaterally extend such declarations.

Furthermore, we the Libertarian Committee of Montgomery County Pennsylvania demand an end to the authoritarian emergency declarations and the associated lockdown measures. We demand an end to all enforcement of mask mandates, occupancy limits, limits on gatherings as well as any and all restrictions on businesses of any kind. We encourage the people to make their own risk assessments and decisions with regards to their own bodies and their own health.

The lockdowns have been an unmitigated disaster for working families, the education of children within the state, the mental health of the people of the state, the economy, people with serious health concerns other than COVID-19, and are an unprecedented assault on the natural rights and liberties of the people of Pennsylvania. The very concept is an affront to the idea of a free society.

The Libertarian Committee of Montgomery County Pennsylvania stands for the sovereignty and dignity of the individual and against arbitrary state dictates.

Full text of the ballot questions address by this statement: 

Pennsylvania Emergency Declarations Amendment

Shall the Pennsylvania Constitution be amended to change existing law so that: a disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency; the Governor may not declare a new disaster emergency to respond to the dangers facing the Commonwealth unless the General Assembly passes a concurrent resolution; the General Assembly enacts new laws for disaster management?

Pennsylvania Legislative Resolution to Extend or Terminate Emergency Declaration Amendment

Shall the Pennsylvania Constitution be amended to change existing law and increase the power of the General Assembly to unilaterally terminate or extend a disaster emergency declaration—and the powers of Commonwealth agencies to address the disaster regardless of its severity pursuant to that declaration—through passing a concurrent resolution by simple majority, thereby removing the existing check and balance of presenting a resolution to the Governor for approval or disapproval?

More information found here. 

Beginning one year ago, State Governors and the President began using executive orders, generally without legislative approval, to impose lockdowns and other personal and business restrictions intended to combat a “pandemic.”

After one year, this posting explains why now is the time to act and to ask: “Is COVID-19 still an “emergency (or was it ever)” “What is the true meaning of acting in the “public interest”? And “how long should such an ‘emergency’ be allowed to justify unilateral executive orders?”

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Pennsylvania legislators may wish to consider what is emerging as a model approach, taken by three other states so far, to try to limit federal executive orders by means of "executive order review" legislation.

On February 25, 2021, the Oklahoma house became the second state after North Dakota to pass a bill which permits their state legislature to declare federally issued executive orders and regulations unconstitutional by Joint Resolution. In addition, even absent such a joint resolution of unconstitutionality, the state legislature may jointly refer federal executive orders to the State Attorney General to consider legal actions to invalidate the measure in question. A similar house bill is pending in South Dakota. (See links below).

The executive orders which would be subject to review and potential invalidation would generally be limited to those which have not been ratified by Congress, because such Executive Orders do not originate with authority from the U.S. Congress. Although the three proposed State bills differ somewhat as to the subject matter of the executive orders which may be reviewed, and the procedures for such reviews, the general categories of executive orders covered by the proposed bills include (1) pandemics or other health emergencies; (2) the regulation of natural resources, including coal and oil; (3) the regulation of the agriculture industry; (4) the use of land; (5) the regulation of the financial sector as it relates to environmental, social, or governance standards; and (6) the regulation of the constitutional right to keep and bear arms.

Passage by the Senates and signature by the Governor of the respective states would be needed before such measures become law. Even once enacted, it is possible that the courts may be called upon to determine whether such state enactments themselves are constitutional exercises of State authority under the 10th Amendment, or under principles of federal preemption.

North Dakota Bill PDF

Oklahoma Bill PDF

South Dakoka Bill PDF

A federal judge in Texas has declared that the Centers for Disease Control (CDC) moratorium on evictions for COVID reasons violates the U.S. Constitution.

Decision here.

The CDC moratorium on evictions had been in effect and was extended until at least March 31, 2021. The District Court for the Eastern District of Texas held that the eviction moratorium restricted an individual''s property rights and denied them access to State court proceedings and thus were not permitted by the Interstate Commerce Clause of the US Constitution. Since the CDC moratorium on evictions was a nationwide order of a federal agency, the Court's Declaration of unconstitutionally likewise applies nationally, including in Pennsylvania and New Jersey.

However, the Court's decision does not affect any local or State regulations or bans on evictions for COVID reasons, which at time of writing, do not exist state-wide in Pennsylvania, though that may change after this Court decision.

With all the legal appeal briefs filed as of a few weeks ago, a Federal Circuit Court of Appeals is now poised to rule on Pennsylvania Governor Wolf's appeal of a District Court decision striking down some of Pennsylvania's earlier lockdown orders. The decision by the Appeals Court will have implications for the scope of individual rights set out in the United States Constitution in the face of a declared emergency like the COVID pandemic--such as the right of assembly, freedom of movement, and equal treatment under the laws.  

The original decision in September 2020 sent shockwaves through the state by holding that certain early lockdown orders by Governor Wolf violated those rights as guaranteed by the U.S Constitution, including the First and Fourteenth Amendments. The specific orders declared unconstitutional included the closure of non-essential businesses, the stay-at-home order, and limitations on indoor or outdoor gatherings.

Even though the Governor has "suspended" those particular orders, the Court held that the issue was still relevant, as the Court found that those orders could be reimposed at will.  Similarly, if the Court of Appeals agrees with the lower court that those measures are unconstitutional, absent an appeal to the U.S. Supreme Court, the Appeals Court decision would set a precedent for evaluating similar orders imposed in the future in Pennsylvania. The lower court decision in PDF format can be found here. 

The Montgomery County Libertarians are hosting an all-day series of nine rallies on Saturday, May 30th, to protest the disastrous shutdowns that are devastating businesses and individuals alike in Montgomery County and throughout Pennsylvania. #ShutdownTheShutdown.

The peaceful rallies are to be held once an hour, every hour, at each of the homes of nine state representatives in Montgomery County.  

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Montco Libertarians to Stage Five “ReOpen Upper Perk” Drive By Parades on May 31st

The Montgomery County Libertarians are hosting a two hour series of five rallies on Sunday, May 31st, to protest the disastrous shutdowns that are devastating businesses and individuals alike in Upper Perk and throughout Pennsylvania. The peaceful drive by parades are to be held at each of the homes of the election officials in Red Hill, Pennsburg, East Greenville and Upper Hanover.

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ABINGTON, PA – Ken Krawchuk, the Libertarian Party candidate for Pennsylvania Governor, has accepted the invitation of the League of Women Voters to participate in their hour-long televised gubernatorial debate being held at 7 PM on Wednesday, October 24, at the North Penn VFW, 2519 Jenkintown Rd, Glenside, PA 19038.  The event will be hosted by Ms. Susan Carty, the President of the Chester County Pennsylvania League of Women Voters.  The debate is to be broadcast by the Pennsylvania Cable Network, and moderated by Francine Schertzer, Vice President of Programming at PCN.  This event is open to the public and media.

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Come to Harrisburg to meet the slate of Libertarians running in the mid-terms

HARRISBURG, PA – This Sunday, Ken Krawchuk, the Libertarian candidate for Governor, will join numerous other Libertarian candidates for a “Meet the Candidates” rally introducing Pennsylvania’s 2018 Libertarian candidates. The rally will be held on the steps of the Capitol Rotunda in Harrisburg starting at 1 PM on Sunday, August 12, 2018, followed by a 6 PM reception at the Capitol Gastropub, 310 North 2nd Street, Harrisburg, PA 17101. Both events are free and open to the public.

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LANGHORNE, PA – “We are on the ballot!” exclaimed Ken Krawchuk, Libertarian Party candidate for Pennsylvania Governor, addressing a crowd of volunteers at a ballot access working party on Friday. “I just received word from the Pennsylvania Department of State, and they have accepted the paperwork submitted by my running mate Kathy Smith and me. That means we are ON the November ballot! Pennsylvania voters will be able to choose a Libertarian alternative this year.”

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ABINGTON, PA – “Out of control!”, insisted Ken Krawchuk, the Libertarian Party candidate for Pennsylvania Governor. “The drug war is out of control. The police are out of control. Pennsylvania’s leadership is out of control. It’s long past time we bring some sanity back to the Commonwealth. It’s long past time to vote Libertarian. Enough is enough!”

Krawchuk’s comments were made at a recent ballot access rally regarding yet another killing by police in Pennsylvania.

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ABINGTON, PA - Libertarian candidate for Pennsylvania Governor Ken Krawchuk announced in a campaign livestream Wednesday that he is launching a $10,000 money bomb to allow his campaign to petition for ballot access.

The last time Krawchuk ran for governor in 2002, he was required to collect 21,027 signatures to get on the ballot. Although he successfully collected 32,500 signatures and ultimately ended up in third place with 1.14% of the vote in a four-way race, Krawchuk stated that getting on the ballot in 2002 was “one of the hardest things I’ve ever done in my entire life”. He also stated that the monumental effort required to get him on the ballot cost the campaign a lot of valuable time and money that could have been spent on outreach.

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