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A California city council voted to make itself a 'Constitutional Republic City' to skirt state and federal orders it doesn't want to enforce

Nov 6, 2021, 23:22 IST
Business Insider
California Gov. Gavin Newsom speaks during a news conference at Manny's in San Francisco on August 13, 2021. Justin Sullivan/Getty Images
  • The city council in Oroville, California, voted 6-1 to deem itself a "Constitutional Republic City."
  • Councilmembers voted in favor of the designation in an attempt to ignore state and federal orders they do not like.
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A city council in California voted 6-1 in favor of designating the city a "Constitutional Republic City" in an attempt to skirt state or federal orders it doesn't want to enforce.

The move follows more than a year of state and federal mandates concerning the COVID-19 pandemic, though city officials said the resolution was not tied to any particular mandate or effort by California Gov. Gavin Newsom or by President Joe Biden.

According to a report from ABC 7, the Oroville City Council overwhelmingly voted in favor of the resolution after the city's Vice Mayor Scott Thomson requested it.

"It's just basically drawing the line," Thompson said, according to the report. "It's not necessarily against one specific mandate, we're not talking about one mandate that's been pushing on us recently it's a barrage of mandates."

"I think it's time for us to draw a line in the sand," he added, according to CBS 13. "Enough is enough."

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Thompson previously told ABC 7 in an email: "this has to do with the large amount of mandates that are affecting every aspect of our lives and our kids' lives. The American culture and way of life is being challenged at its very core and perverted by radicalized politicians who have forgotten that, as a republic, the power belongs to the people."

According to the CBS 13 report, the resolution aims to allow the city to opt-out of enforcing "any executive orders issued by the state of California or by the United States federal government that are overreaching or clearly violate our constitutionally protected rights."

City Attorney Scott Huber told ABC 7 the resolution could be changed or amended every time, so he said the city did not risk losing funding as a result of the resolution. He compared it to cities that in the past had declared themselves sanctuary cities for undocumented immigrants

"I am quite certain that this would not result in any loss of funding for the city," Huber told the outlet. "In the event that it could in the future you could revise this and do what you will but this is not going to put it jeopardy any state or federal funding."

Councilmember Art Hartley, who voted in favor of the resolution, called it a "political statement" that had "absolutely no teeth," according to ABC 7.

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UC Davis Law Professor Lisa Pruitt told CBS 13 the resolution likely had no legal basis.

"My sense is the strong presumption would be that the city of Oroville does not have the power to do this," she told the outlet. " I see this primarily as a gesture."

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