Government,
Constitutional Law
Aug. 8, 2019
Coffee safety declaration violates separation of powers
When the governor not only executes the laws, but also orders the adoption of laws to overturn judicial decisions, the governor assumes control of all three branches of government.
Raphael Metzger
General Counsel
Council for Education and Research on Toxics
Phone: (562) 437-4499
Email: rmetzger@toxictorts.com
Raphael Metzger is the founder of the Metzger Law Group, a boutique law firm in Long Beach that sues chemical companies for poisoning and killing workers.
Unlike the U.S. Constitution, the California Constitution contains an express separation-of-powers provision: "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution." Cal. Const., Art. III, Section 3. Thus, it seems quite clear that the governor of California has no authority to legislate or to judge. Or does he?
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