In his decision, Green stated unequivocally that "the whims of public health bureaucrats" do not supersede representative government as provisioned by the Constitution. This means that state legislatures, not unelected public health officials or executive branch politicians, are the ones to make decisions on behalf of We the People.
"This case is about whether Missouri's Department of Health and Senior Services (DHSS) regulations can abolish representative government in the creation of public health laws, and whether it can authorize closure of a school or assembly based on the unfettered opinion of an unelected official," the decision reads.
"This Court finds it cannot."
Any and all public health edicts in Missouri were imposed in clear violation of the traditional separation of powers between the legislature and the executive branch. The Missouri Constitution clearly delineates that the state legislature cannot surrender its power to make a law to an unelected bureaucrat.
Constitutionally speaking, this cannot happen in any state. Missouri is just the first to make that determination in a court of law.
"Separation of powers among the three branches of government – legislative, administrative, judicial – is fundamental to the preservation of liberty," the decision further reads.
"DHSS regulations break our three-branch system of government in ways that a middle school civics student would recognize because they place the creation of orders or laws, and enforcement of those laws, into the hands of an unelected administrative official."
What the state of Missouri essentially did was delegate rulemaking power to an administrative agency, which then passed on broad rulemaking power to an unelected administrative official.
"This type of double delegation, which results in lawmaking by an administrative entity, is an impermissible combination of legislative and administrative power," the court found.
All edicts concerning the Fauci Flu in the state of Missouri violate the equal protection clause, affording unelected bureaucrats unfettered "naked lawmaking" powers that defy the Constitution.
"The regulations create a system of statewide health governance that enables unelected officials to become accountable to no one," the court said.
"This impermissible power to independently create new laws is purportedly delegated to them by 19 CSR 20-20.040(2)(G) -(I), 19 CSR 20-20.040(6) but Mo. CONST. art. II,§ 1 simply and clearly prohibits, without question, such lawmaking."
It turns out that local health agency directors are constitutionally prohibited from exercising their own discretion in the issuance of "generally applicable rules prohibiting or requiring certain conduct and disciplinary consequences for violations of the director's unilaterally created rules."
This means that mask mandates, social distancing requirements, forced vaccination, and other associated measures are completely illegal both in how they are decreed and in the substance of what they demand of We the People.
The government has gone completely out of control ever since the plandemic was first declared, and this is one small step – though an important one – in restoring at least some of what was lost as a result.
"A health agency director with the authority to shut down a school or assembly wields incredible power to coerce his subjects into submission," the court further found. "This incredible power cannot lawfully be placed in the hands of one bureaucrat."
"This system is entirely inconsistent with representative government and separation of powers and makes a mockery of our Missouri Constitution and the concept of separation of powers. The DHSS regulation set forth at 19 CSR 20-20.050(3) is unconstitutional and is therefore invalid."
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