I’ve seen many people making the argument that “the governor cannot require us to wear masks,” so let’s review what Gov. Kelly’s executive order means for Kansans! (Thread below)
An executive order is a power granted to state governors and “is found in state constitutions and statutes as well as case law, or is implied by the powers assigned to state chief executives” ( http://nga.org ).
So where does this exist in the KS Constitution? Right here:
“For the purpose of abolishing, consolidating or coordinating the whole or any part of any state agency, or the functions thereof [...], when the governor considers the same necessary for efficient administration, (s)he may issue one or more executive reorganization orders.”
(KS Constitution, Article 1 Section 6). So, although executive orders aren’t laws, our state constitution gives Gov. Kelly the authority to issue these orders to “trigger emergency powers during natural disasters, energy crises, and other situations requiring immediate attention.
( http://nga.gov ). With the COVID-19 crisis in KS as well as other states, this is a situation that requires such “immediate action,” thus the order going into effect on July 3.
So, as we’ve seen above, this order does not infringe upon any Constitutional rights, as our own KS Constitution gives governors necessary powers to enact orders in times like these.
I’ve done a lot of research on this (hence this thread), but I’m very welcome to questions/critiques, and I’ll try to field any the best I can. Stay safe, and wear your mask!
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