Ironic, isn’t it? The ONLY freedom guaranteed under the First Amendment that is not under attack, is freedom of the press. Ironic, because it is not an individual right.
True, it SHOULD be an individual right. All of us have to right to a free press. We don’t! The press is a mouthpiece of the Democratic Party.
Has anyone read their state constitution? Or the powers granted to the governors during a health crisis?
Americans are stupid.
I think they have the power. That really isn’t the issue. The question is whether they are adequately representing the people. That will he decided in November.
Because Governors are not subservient to Congress.
Elected officials should be schooled on the bill of rights and the constitution, apparently they know nothing about it and could care less in many instances. They spew their demands and restrictions and say it in such an authoritarian way to the public to let us know “dont question me and my authority” and the people for the most part dont know the bill of rights or the constitution either and the tin pot dictator rat governors and mayors know this know this.
Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post-Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other Amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.<This is a perfect example of the law as written being misinterpreted when everyone involved in drafting that law is dead. It's obvious that the First Amendment only applied to the Federal Government. E.g. States could and did have an Official Religion in 1800.Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.
It's also obvious to me that most of the Amendments did apply to the States as they do not include the words: Congress shall make no law, but since all the guys who wrote this stuff are dead and now we have wise Latinas telling us that we native English speakers do not understand our own language.
ML/NJ
This is why the 2nd Amendment doesn’t limit a governmental body. It limits all governmental bodies.
I participated in a ReopenMaryland road rally yesterday with a few hundred other patriots.
The governor threatened any state legislators who attended with arrest. See post 2 for the legislators response.
At the final stop, the police blocked the entrance to the rally point. Rally organizers found another location and redirected many people there.
At the final rally point, a United States Congressman was scheduled to speak. In a clear and absolute violation of the First Amendment, Local and state elected employees blocked a US CONGRESSMAN from addressing his constituents. I suspect there’s another lawsuit coming for that one.
The commanded=r of the State Police was quoted saying that he may issue retroactive citations against the non-gathering “law” the governor made up on his own with no legislative input.
The congressman promised to go to court with anyone who receives a citation because they were there to meet with him to redress a grievance.
On my back window I painted “There’s no * in the Constitution”
They can’t. Until someone in “authority” arrests them for violating the Constitution and the Bill of Rights...they will. Tar and feathering along with running them out of town on a rail used to suffice. However, we are “civilized” now.
The state legislatures in the affected states — indeed all the states — have some work to do re-writing their various laws concerning public emergencies. The ability of a governor, any governor, to declare an emergence needs to be limited in scope and duration. I would suggest 30 - 45 Days and then the legislature has to vote a continuance. Right now the various state legislatures seem to be sitting on their hands at home.
The answer to that is simple. Congress is not the state legislature. The founders gave most of the law making powers to the states.
What this guy ought to do if he wants to make a defensible argument is to look at what each state constitution says about the bill of rights.
As it turns out, state constitutions also contain Bill of rights.
For example here’s how California’s constitution addresses religious freedom:
“Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.”
I interpret that as the state having the power to restrict religious activities in the interest of safety.