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Can Biden restrict travel to Florida?
American Thinker ^ | 16 Feb, 2021 | Sheldon Karasik

Posted on 02/16/2021 4:35:42 AM PST by MtnClimber

How far can the fit-throwing over Florida's freedom-encouraging COVID policies go?

President Rip Van Biden apparently hasn't had the time to read the Constitution after awakening from his four-year slumber.

He has now threatened to impose a "travel ban," restricting the rights of people to travel in and out of Florida. Should he attempt to pursue this policy, it will be through executive order, the only manner of governance with which he is apparently familiar. The order would also presumably exempt illegal aliens since they have a free ticket for ingress into all fifty states.

Before he takes pen to paper, the president should have a look at the U.S. Constitution. The Privileges and Immunities Clause of Article IV, Section 2 states that "[t]he citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This constitutional provision would make any travel ban per se unconstitutional. For just under two hundred years, freedom of movement from one state to another has been recognized as a fundamental constitutional right pursuant to the Privileges and Immunities Clause. In Corfield v. Coryell, decided by the U.S. Supreme Court in 1823, the Court held that the privileges and immunities enjoyed by citizens of one state of which they cannot be deprived by other states include "the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuit or otherwise."

In addition, the right to travel within the United States has been recognized as a liberty interest that no person can be deprived of without due process of law under the Fifth Amendment to the Constitution.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Society
KEYWORDS: communism; revenge
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1 posted on 02/16/2021 4:35:42 AM PST by MtnClimber
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To: MtnClimber

I think this is a preemptive shot at a likely Republican challenger.


2 posted on 02/16/2021 4:35:57 AM PST by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: MtnClimber

And, herein, we find also that “mask mandates” in one state cannot be applied to residents of other states.
If you think about it...


3 posted on 02/16/2021 4:38:33 AM PST by Cletus.D.Yokel (Patriots, stop looking at the politicians as enemies. Look at the complicit Legacy Media.)
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To: MtnClimber
I think this is a preemptive shot at a likely Republican challenger.

Yep, they're terrified of DeSantis. And now, he's going after Big Tech. Whatta guy!

4 posted on 02/16/2021 4:48:34 AM PST by Salvey
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To: MtnClimber

Because of the ‘equal’ clause in the Constitution...he’d have to write the EO to restrict travel in all 50 states. So this is mostly all hot-air (what, the 60th occasion since oath of office). Nothing will happen.

Everyone needs to get use to this....Biden will say 300 things, and maybe two of the claims will come true in the end.


5 posted on 02/16/2021 4:50:34 AM PST by pepsionice
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To: MtnClimber
The order would also presumably exempt illegal aliens since they have a free ticket for ingress into all fifty states.

Thought this was the Onion/Babylon Bee because no one could he this idiotic, where illegals have more rights than taxpaying citizens.

6 posted on 02/16/2021 4:50:43 AM PST by Blue Highway
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To: MtnClimber

No.


7 posted on 02/16/2021 4:52:02 AM PST by wny
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To: MtnClimber

All the more reason that our carry rights should be national.


8 posted on 02/16/2021 4:52:16 AM PST by cport (How can political capital be spent on a bunch of ingrates)
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To: MtnClimber

After four years of all the “great work on judges” that Mitch McConnell was supposedly doing, I would hope we could find one federal judge to sign an injunction. President Trump couldn’t go to the bathroom without a federal judge weighing in.


9 posted on 02/16/2021 4:54:29 AM PST by cdcdawg (Salute the marines!)
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To: MtnClimber

> Before he takes pen to paper, the president should have a look at the U.S. Constitution. <

The author is dreaming. Someone should wake him up. We now live in the age of the imperial presidency. All a president (D or R) has to do is find some law or regulation that MIGHT justify what he wants to do. Then he just goes ahead and does what he wants.

Heck, George W. Bush started not one, but two major wars without any declaration of war from Congress. The courts stayed silent.


10 posted on 02/16/2021 4:54:45 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: MtnClimber

Trump lives there. DeSantis is the favorite if Trump declines to run.


11 posted on 02/16/2021 4:55:23 AM PST by kabar
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To: MtnClimber

Also, don’t forget who lives in Florida now...Biden is trying to jail two political enemies with one key.


12 posted on 02/16/2021 4:55:25 AM PST by livius
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To: MtnClimber

Yes, obviously unconstitutional. However, given the lefts increasingly public flouting of the law lately, their fundamental disdain, even hatred of the freedoms and liberties protected by the Constitution, and their use of the criminal Biden to get the odious stuff done before Harris takes over ... I don’t think criminal Joe’s threat should be taken lightly. They might just try it as a test, to force an issue and test the resolve of the opposition.


13 posted on 02/16/2021 4:58:42 AM PST by ThunderSleeps (Biden/Harris - illegitimate and everyone knows it.)
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To: MtnClimber

Desantis should prevent Commierat viruses from entering Florida.


14 posted on 02/16/2021 4:59:37 AM PST by HighSierra5
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To: pepsionice

I think he’s going to try it. And Florida Man (and Florida Woman!) ain’t gonna like it.

I honestly think he’s trying to provoke us. They’d like nothing better than an excuse for “intervention” in Florida.


15 posted on 02/16/2021 5:01:20 AM PST by livius
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To: MtnClimber

No.....................


16 posted on 02/16/2021 5:01:26 AM PST by Red Badger (SLEAZIN' is the REASON for the TREASON .................................)
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To: pepsionice

All I know is I’m making $15 an hour, and I have a $2000 check in my hand...


17 posted on 02/16/2021 5:01:41 AM PST by EEGator
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To: livius

I think what they really desire is a right wing terrorist attack.
They want McVeigh v2.0

I can just imagine what happens after that...


18 posted on 02/16/2021 5:03:03 AM PST by EEGator
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To: Leaning Right

The vote on the AUMF for Iraq was a declaration of war in all but name.


19 posted on 02/16/2021 5:05:04 AM PST by FreedomPoster (Islam delenda est)
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To: MtnClimber

They sure would if they could.
Florida has NASCAR starting up, Daytona 500, spring training, spring break, all sorts of festivals, all super spreader events you know...not to mention orange man bad.


20 posted on 02/16/2021 5:07:35 AM PST by READINABLUESTATE (CENSORSHIP = VIOLENCE)
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