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To: naturalman1975

“They deliberately wrote the constitution so they would remain sovereign in the areas they chose to. The Prime Minister CANNOT overrule them in public health matters. It is legally and constitutionally impossible for him to do so. This is simple fact and it won’t stop being simple fact because some ill informed person in America doesn’t think it should be that way.”

Our Constitution is written the same way with all powers not designated to the Feds belong to the States. It’s amazing how our Prez using a variety of means, mostly Exec Orders, gets around those State powers. I’m sure your guy could come up with ways to get something accomplished here. I can’t remember which news program was discussing this but they were saying there were ways (declaring a nat’l emergency?) to get around the states.

There are always rumors and exaggerations, but for the most part the authoritarian dictatorial actions (that are very fascist-like, depending on your definition of fascist) are there for all to see. Your country, whether you like it or not, is in deep doo doo.


70 posted on 09/29/2021 6:06:04 PM PDT by flaglady47 (Donald J.Trump, President in 2024 - DeSantis for VP (or Senior AIvisor))
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To: flaglady47
Our Constitution is written the same way with all powers not designated to the Feds belong to the States.

Yes, but there's a couple of huge differences. You've had a civil war between the time your Constitution was written and today which rather reset the balance between the states and the Federal government.

The second is more important - your President is a Head of State. Our Prime Minister isn't a Head of State - he's a Head of Government. The Head of State is the Queen, represented by the Governor-General.

It’s amazing how our Prez using a variety of means, mostly Exec Orders, gets around those State powers. I’m sure your guy could come up with ways to get something accomplished here.

That difference between Head of State and Head of Government is important here. Our Prime Minister cannot issue executive orders, because he's not the head of the executive.

The closest thing we have to executive orders are "Orders-in-Council" which can be issued by the Governor-General, but there are very strict rules on when the Governor-General can do that in an emergency situation. And even then, they'd only normally apply federally, because just as the Prime Minister cannot overrule a state Premier, the Governor-General cannot overrule a state Governor (the Queen's representative of a state).

I can’t remember which news program was discussing this but they were saying there were ways (declaring a nat’l emergency?) to get around the states.

There aren't any such ways. I don't care what news program you saw said so. And there is no such thing as a national state of emergency under Australian law. The idea of having that power was being discussed just prior to the pandemic - the 2019/2020 bushfires made it clear that this might be a good idea. But it was only in discussion and there isn't any legislation to do it yet. And even if legislation is passed (which is unlikely at the moment because the government doesn't control the Senate), it would have to remain within the bounds of the Constitution - legislation can't overrule the Constitution. The Constitution can be amended but only by national referendum - and most attempts to amend it have failed at referendum.

Your country, whether you like it or not, is in deep doo doo.

I don't deny that. I have said that repeatedly. Over and over again. But exaggerating the situation doesn't help.

74 posted on 09/29/2021 6:29:45 PM PDT by naturalman1975 ("America was under attack. Australia was immediately there to help." - John Winston Howard)
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