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Resolutions

Members of the caucus may pass resolutions via the parliamentary procedure process, to engage in civil constructive debate and discussion, and thereby establishing solid resolutions or solutions to be hence further put forth having more weight and the gravitas of being a duly provisioned and approved statement from the membership body or BOD.

REPUBLICAN LIBERTY CAUCUS OF NORTH CAROLINA
RESOLUTION TO END GOVERNOR COOPER’S
UNCONSTITUTIONAL SHUTDOWN

A RESOLUTION REAFFIRMING OATHS AND OBLIGATIONS TO UPHOLD
AND DEFEND THE CONSTITUTION OF THE UNITED STATES, THE NORTH
CAROLINA STATE CONSTITUTION AND THE RIGHTS OF THE CITIZENS OF
NORTH CAROLINA FROM UNILATERAL GOVERNMENT OVERREACHES.
WHEREAS, On March 27th, 2020 Governor Roy Cooper issued Executive Order No. 121
enacting a “Stay at Home Order” in response to increasing COVID-19 cases; and
WHEREAS, Governor Cooper assumed the authority to issue the above Executive Order
pursuant to various sub-sections of N.C. Gen. Statute 166A-19.30(c); and
WHEREAS, the Executive Order states that sub-sections of N.C. Gen. Stat. 166A-19.30(c) in
conjunction with sub-sections of N.C. Gen. Stat. 166A-19.31(b) grants the authority to restrict
activities at private businesses and other establishments at which people may congregate; and
WHEREAS, in Section 2 of the Executive Order, Governor Cooper decrees what businesses
and operations are to be considered “Essential”, which is an authority not granted to any branch
of government by the North Carolina State Constitution nor General Statute; and
WHEREAS, the Executive Order conflicts with Article 1 Section 1 of the North Carolina State
Constitution states “We hold it to be self-evident that all persons are created equal; that they are
endowed by their Creator with certain inalienable rights; that among these are life, liberty, the
enjoyment of the fruits of their own labor, and the pursuit of happiness.” by closing private
businesses; and
WHEREAS, the Executive Order conflicts with Article 1 Section 3 of the North Carolina State
Constitution which states: “every such right shall be exercised in pursuance of law and
consistently with the Constitution of the United States.”; and
WHEREAS, the Executive Order conflicts with Article 1 Section 12 of the North Carolina State
Constitution which states: “The people have a right to assemble together to consult for their
common good, to instruct their representatives, and to apply to the General Assembly for
redress of grievances; but secret political societies are dangerous to the liberties of a free
people and shall not be tolerated.”; and
WHEREAS, the Executive Order conflicts with Article 1 Section 32 of the North Carolina State
Constitution prevents the Governor from assigning the title of “essential” and “non-essential” by
stating: “No person or set of persons is entitled to exclusive or separate emoluments or
privileges from the community but in consideration of public services.”; and
WHEREAS, the Executive Order conflicts with Article 1 Section 7 of the North Carolina State
Constitution which states: “All power of suspending laws or the execution of laws by any
authority, without the consent of the representatives of the people, is injurious to their rights and
shall not be exercised.”; and
WHEREAS, the Constitution of the United States is the supreme law of the land and Article 1
Section 5 of the North Carolina State Constitution states “Every citizen of this State owes
paramount allegiance to the Constitution and government of the United States, and no law or
ordinance of the State in contravention or subversion thereof can have any binding force.”; and
WHEREAS, the United States Supreme Court in its decision Marbury v. Madison held that the
rights protected by, and the limits placed upon government within, a constitution are designed to
be permanent; stating “To what purpose are powers limited, and to what purpose is that
limitation committed to writing, if these limits may at any time be passed by those intended to be
restrained?”; and
WHEREAS, the United States Supreme Court in its decision Marbury v. Madison clarified that
the Constitution is unchangeable by ordinary means or a simple legislative act and declared that
an act of the Legislature repugnant to the Constitution is void; and
WHEREAS, The Executive Order issued on March 27th, 2020, and subsequent orders after, are
in direct conflict with individual rights protected by, and government limitations prescribed in, the
Constitutions of the United States and the State of North Carolina.
NOW THEREFORE BE IT RESOLVED, that the North Carolina General Assembly affirm their
opposition to any and all General Statutes, and/or Executive Orders that infringe upon the
Constitutional rights of the people as set forth in the Constitution of the United States and the
Constitution of the State of North Carolina, AND, move to nullify of make void and any
government action intended for the purpose of, or resulting in the violating those rights; and
NOW, THEREFORE BE IT FURTHER RESOLVED, that the North Carolina General Assembly
will enact legislation or amend N.C. Gen. Statute 166A-19, in accordance to Article 1 Section 7
of the Constitution of the State of North Carolina, that will force the governor to automatically
call an emergency/special session of the General Assembly within 3 business days of any
action drawing its authority from Gen. Stat. 166A-19 or any of its subsections;
NOW, THEREFORE BE IT FURTHER RESOLVED, that the North Carolina General Assembly
does hereby reaffirm our solemn oaths and obligations to uphold and defend the Constitutions
of the United States and the State of North Carolina so help us God.

Approved by the NC-RLC Executive Committee May 12th 2020

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