"The people of the State must 'heed' the Governors orders"

[Mangosteen]

@Gorsnak

You sound like a sovereign citizen telling a police officer that you don’t need a driver’s license because you’re not driving, you’re traveling.

Not at all. A sovereign citizen is bullshit. They sit themselves down within our borders with both domestic (police) and border (military) protection and somehow declare they are their own little “country”. Why would you say that I sound like that? Just because I want the letter of the Law (US Constitution) followed?

[naita]

N-33-20.pdf

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8627, and 8665 do hereby issue the following Order to become effective immediately:

https://codes.findlaw.com/ca/government-code/gov-sect-8567.html

(a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter.  The orders and regulations shall have the force and effect of law.  Due consideration shall be given to the plans of the federal government in preparing the orders and regulations.  The Governor shall cause widespread publicity and notice to be given to all such orders and regulations, or amendments or rescissions thereof.

(b) Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance.  Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.

https://codes.findlaw.com/ca/government-code/gov-sect-8627.html

During a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter.  In exercise thereof, he shall promulgate, issue, and enforce such orders and regulations as he deems necessary, in accordance with the provisions of Section 8567 .

https://codes.findlaw.com/ca/government-code/gov-sect-8665.html

Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

Yeah, I’m sure the governor is sad he couldn’t use the word “obey”.:rolleyes:

[Mangosteen]

Actual Order using the word “heed”:
STATE OF CALIFORNIA
EXECUTIVE ORDER N-33-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS in a short period of time, COVID-19 has rapidly spread
throughout California, necessitating updated and more stringent guidance from
federal, state, and local public health officials; and
WHEREAS for the preservation of public health and safety throughout the
entire State of California, I find it necessary for all Californians to heed the State
public health directives from the Department of Public Health.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8627, and 8665 do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:

1. To preserve the public health and safety, and to ensure the healthcare
   delivery system is capable of serving all, and prioritizing those at the
   highest risk and vulnerability, all residents are directed to immediately
   heed the current State public health directives, which I ordered the
   Department of Public Health to develop for the current statewide
   status of COVID-19. Those directives are consistent with the March 19,
   2020, Memorandum on Identification of Essential Critical Infrastructure
   Workers During COVID-19 Response, found at: https://covid 19.ca.gov/.r: https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf

[DrCube]

@jerez

“To listen to and follow” is obey.

I would dispute that. Obedience includes listening and following instructions, but also implies an authority figure or power dynamic that isn’t the case in the more general sense. For example, we heed the advice of scientists because we trust their understanding of the issue, not because they’ve commanded us to do so and will enact unpleasant consequences on those who disobey.

That said, the governor has authority and power, so “heed” does imply some form of obedience in this situation, even if the governor doesn’t actually have the power to make those orders binding.

But in the general sense, “heed” overlaps with “obey” but is not a direct synonym in all cases.

[Snowboarder_Bo]

@Mangosteen

Because the use of the word “obey” would be a violation of the CA State Constitution.

Cite?

[naita]

@Mangosteen

Actual Order using the word “heed”:

What I quoted is also from the “actual order” and references the CA government codes that give the Governor’s orders force of law during an emergency.

Do you somehow think that “obey” would automatically incur a different set of laws than the ones quoted in support of an order? Do you think “heed my order” somehow makes “IT IS HEREBY ORDERED THAT:” take on a different meaning?

It’s an order with the force of law and the maximum penalty according to the referenced 8665 is:

Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

Your obsession with the use of the word heed is absolutely bizarre under the circumstances.

[Mangosteen]

@naita

What I quoted is also from the “actual order” and references the CA government codes that give the Governor’s orders force of law during an emergency.

Do you somehow think that “obey” would automatically incur a different set of laws than the ones quoted in support of an order? Do you think “heed my order” somehow makes “IT IS HEREBY ORDERED THAT:” take on a different meaning?

It’s an order with the force of law and the maximum penalty according to the referenced 8665 is:
Your obsession with the use of the word heed is absolutely bizarre under the circumstances.

Top CA Government lawyers decided after much deliberation to use the term “Heed” twice in this rather short Order. I believe there is a reason for that. Both uses of the word occurred near the top of the Order showing their importance. Later down in the Order the provisions in Code Section 8665 outline the penalties for violating this order and could be seen as meaningless because the Order itself is not enforceable. I would not want to argue in front of a Judge that the Governor used the term “Heed” (twice) when he meant “Obey”.

[jerez]

@DrCube

I would dispute that…

Yeah, well take it up with Cambridge. I made it clear that there are two definitions, so I don’t see the point of your post.

[naita]

@Mangosteen

I believe there is a reason for that.

So basically you have as much legal backing for this thread as a SovCit. Got it.

[septimus]

In an old legal textbook, I saw a list of several requirements needed to make a check qualify as a negotiable instrument. One of them is a phrasing like “Pay to the Order of ___.”

The instrument is still enforceable if the phrasing is worded to be "Please Pay to the Order of ___."