Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: ransomnote

what is the source of federal power to supersede a governor’s powers to regulate an emergency in his own state?


16 posted on 04/21/2020 6:44:34 PM PDT by stuckincali
[ Post Reply | Private Reply | To 1 | View Replies ]


To: stuckincali

The Fourteenth Amendment. The equal protection clause in this amendment has been held by SCOTUS to incorporate all Constitutional rights at the state level. Even in a state of emergency, the rights granted in the Constitution cannot be infringed absent just cause. Certainly prohibiting drive in church services, for one example, is a blatant infringement of the right to free expression of religion. There’s NO safety issue involved since nobody is coming into personal contact.

A state of emergency gives governors extra powers, but, contrary what some seem to believe, it does not grant absolute, dictatorial powers.


27 posted on 04/21/2020 6:57:50 PM PDT by stremba
[ Post Reply | Private Reply | To 16 | View Replies ]

To: stuckincali

Yes, it seems that someone must have standing to sue, so it would have to be citizens of any particular state doing the suing. Of course we all know there are groups that help individuals to do this.


39 posted on 04/21/2020 7:17:31 PM PDT by firebrand
[ Post Reply | Private Reply | To 16 | View Replies ]

To: stuckincali
 
 
Civil rights violations, for one thing. I don't have to list them. We know what they are.
 
 

43 posted on 04/21/2020 7:24:52 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson