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  1. #1
    Join Date
    May 2020
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    1

    Question Conflict of Laws That Limit the Duration of Michigan's State of Emergency

    My question involves civil rights in the State of: Michigan

    in Michigan, there seems to be a conflict of two state acts that grant authority to the governor to declare a state of emergency. specifically at question right now, is the limitation of the duration of the declared state of emergency:

    Emergency Management Act, 1976 PA 390 limits the duration of a state of emergency declared by the governor to 28 days, after which the state of emergency may be extended by a specified amount of time if approved by legislation.

    Emergency Powers of the Governor Act of 1945, 1945 PA 302 gives the governor the power to declare a state of emergency and does not limit the duration of the state of emergency.

    i understand that michigan legislature can vote to repeal one of the two laws, but that seems very unlikely. the governor could veto and thus require 2/3 majority vote to override the veto... so, in the near term, i dont see legislation as a viable solution to this issue in a timely manner.

    can a michigan court make an enforceable ruling regarding the state of emergency? basically, could our court decide which act to follow - the 1945 or the 1976? ...and then tell businesses that they are free to open their doors to the public without risking any fines (or legal orders?) from the michigan government?

    im curious how something like this is handled by the legal system that is in place.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,080

    Default Re: Conflict of Laws That Limit the Duration of Michigan's State of Emergency

    Quote Quoting perchance
    View Post
    My question involves civil rights in the State of: Michigan

    in Michigan, there seems to be a conflict of two state acts that grant authority to the governor to declare a state of emergency. specifically at question right now, is the limitation of the duration of the declared state of emergency:

    Emergency Management Act, 1976 PA 390 limits the duration of a state of emergency declared by the governor to 28 days, after which the state of emergency may be extended by a specified amount of time if approved by legislation.

    Emergency Powers of the Governor Act of 1945, 1945 PA 302 gives the governor the power to declare a state of emergency and does not limit the duration of the state of emergency.

    i understand that michigan legislature can vote to repeal one of the two laws, but that seems very unlikely. the governor could veto and thus require 2/3 majority vote to override the veto... so, in the near term, i dont see legislation as a viable solution to this issue in a timely manner.

    can a michigan court make an enforceable ruling regarding the state of emergency? basically, could our court decide which act to follow - the 1945 or the 1976? ...and then tell businesses that they are free to open their doors to the public without risking any fines (or legal orders?) from the michigan government?

    im curious how something like this is handled by the legal system that is in place.
    Since there is no real precedent for anything like this it would be difficult to say. It think it would all boil down to whether or not a court would deem that the 1976 law was intended to replace the 1945 law or not. However, there is virtually no chance that something like that would even get into court fast enough to matter.

  3. #3
    Join Date
    Feb 2020
    Posts
    224

    Default Re: Conflict of Laws That Limit the Duration of Michigan's State of Emergency

    Here is a Michigan Lawyer, Steve Lehto, who I have been following for about the last 6 months...and he is speaking on the Michigan laws regarding the subject.

    https://www.youtube.com/watch?v=bI1Zd_drrmc

    I find him to be sharp and knowledgable. I'm also curious of your opinion of him and whether he addresses your questions.

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