A Legal Analysis of Ohio's Constitutional Provisions on Emergency Powers and Their Implications on Abortion Legislation
In our opinion, Ohio's Christian legislators have a duty to suspend Article I Section 22 of the Ohio Constitution and a further duty to impeach Governor Mike DeWine for his abuse of power.
In our opinion Governor Mike DeWine is misguided in vetoing the SAFE ACT that prevents the mutilation of children. This illustrates his reluctance to protect women, children, and the mentally impaired. We do not let doctors cut off the arms and legs of children or adults suffering with BDD (Body Dysmorphia Disorder) whey should we allow doctors to remove perfectly good sex organs? We have seen that loving parents can be deluded into harming their children when they believe they are doing the right thing. GD (Gender Dysmorphia Disorder) in our opinion we believe is a mental illness and is big business for medical doctors and mental health professionals - that rests on transitioning - which has very little scientific support and the inculcation of denialism to the existence of detransitioners, regret, and suicidal tendencies.
LEGAL OPINION
In a constitutional context, the authority granted by Article I, Section 18 of the Ohio Constitution to suspend laws lies exclusively with the Ohio General Assembly, separate from the Governor's powers. This constitutional provision allows for the temporary suspension of laws, yet its precise procedural mechanisms lack explicit clarity.
The lack of clarity on Article I, Section 18 does not prevent the Ohio General Assembly from utilizing this power to suspend Article I Section 22 of the Ohio Constitution that legalizes abortion upon demand in Ohio.
Moreover, while Article 1, Section 2 of the Ohio Constitution emphasizes the people's inherent political power and the role of the General Assembly in altering laws, the Governor's executive authority is confined, suggesting that the power to suspend laws remains only within the jurisdiction of the General Assembly - even during times of an emergency.
The legislative mechanism for suspending laws necessitates a simple majority vote in both the Ohio House and Senate via joint resolution. This suspension can endure until a subsequent General Assembly convenes and decides whether to extend it further. While the General Assembly cannot enact laws unilaterally without the Governor's involvement, it retains the exclusive ability to suspend laws, subject to defined circumstances.
Importantly, the U.S. Supreme Court's interpretation of the Tenth Amendment concerning emergency police powers acknowledges that such authority rests with the states. If not specified in the state Constitution then the governor gets to wield all emergency police powers to save life and limb. However, in Ohio, the State Constitution substantiates that the power to suspend laws rests with the Ohio legislature, affirming the legislature's unique role in responding to emergencies Article II Section 1d.
Regarding abortion legislation, legislators aligning with the belief that more than 20,000 lives annually lost due to abortion is a significant emergency lacking due process, should advocate for immediate action. I’ll argue that such circumstances warrant the suspension of Article 1, Section 22 of the Ohio Constitution, which legalizes abortion on-demand. Additionally, these legislators should seriously consider the impeachment of Governor DeWine for suspending laws, including due process rights, during the pandemic, in contravention of the Article 1, Section 18 provisions.
Christian legislators who are duty-bound to protect innocent life must act to declare an emergency and temporarily suspend the constitutional provision on abortion rights via a joint resolution. Simultaneously, it involves pursuing the impeachment of the Governor for the unlawful suspension of laws during the pandemic.
In essence, the power to suspend laws, exercised judiciously, serves as a provisional injunction similar to judicial actions addressing unconstitutional statutes. Such measures provide time for legislative deliberation and the crafting of new laws in alignment with constitutional principles, fostering transparency and accountability even in the face of emergencies.
OATH OF OFFICE
Christians, that have won election, will have a real problem in taking an oath of office to uphold and defend the laws of the State of Ohio - when abortion upon-demand is enshrined in the Ohio Constitution.
Article I Section 7 of the Ohio Constitution states that “nor shall any interference with the rights of conscience be permitted.” We interpret this to mean that Christians may be a conscientious objector to the oath of office as written. This does not mean that an officeholder does not have to take the oath. In Article I Section 7 it also states “but nothing herein shall be construed to dispense with oaths and affirmations” so because you disagree with the oath does not mean that you do not have to take an oath. Article I Section I of the Ohio Constitution describes our inalienable rights “All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.” We interpret this to mean that pro-life Christians may add an exception to the oath of office that they will not support Article 1 Section 22 of the Ohio Constitution.
Furthermore Article XV section 7 of the Ohio Constitution does not specifically define the oath of office. And Section 3.23 of the Ohio Revised Code specifically allows for a substantially similar oath of office.
But what of the will of the people? twice. when it becomes necessary, the will of the people is will be heard again. That would be strike three. Then the will of the people will retire the Ohio Christian Legislators and be done with them. End gerrymandering, end voter suppression, end the MAGA infection.