Posted on 08/30/2021 8:06:48 PM PDT by algore
Requirements to wear facemasks in the fight against Covid-19 are back in the news after some political leaders have issued mandates requiring or banning masks in certain situations. So what are the core constitutional issues in these mask controversies?
In late July, President Joseph Biden ordered federal employees and contractors to attest to their own vaccinations, or wear masks on the job and get Covid-19 tests. The military also mandated mask wearing.
At the same time, Florida Governor Ron DeSantis banned all Florida schools from requiring Covid-19 mask wearing, or face the loss of state funds. Issuing an executive order on July 30, DeSantis said that school district-imposed mask mandates violated the constitutional freedoms of Florida residents and parents’ rights under Florida’s constitution to make health-care decisions for their children. Several other states, including Texas, have also banned school-district imposed mask mandates. Two lawsuits have been filed against DeSantis. A state judge considered an injunction against the executive on Friday, while a separate group of parents filed suit in federal court.
Aside from the political debate about mask wearing, there are several federal and state constitutional issues in play. These issues involve the separation of powers within the federal government; the balance of power between the federal government and the states; and power sharing within a state, under its own constitution, between state legislatures, the chief executive, and local government agencies such as school boards.
The Federal Government and Mask Mandates
The Congressional Research Service’s guidance concludes that the ability of the President or Congress to mandate mask wearing is similar the federal government’s limited power to mandate Covid-19 vaccines.
In general terms, a federal mask mandate can be ordered for people and property directly under the federal government’s jurisdiction. While no specific federal law exists about mask mandates, public health laws empower the executive branch to make rules “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.” Congress also has powers under the Spending Clause and Commerce Clause to influence state mask mandates by providing financial incentives or regulating some interstate business activities.
However, the President or Congress can exercise considerable powers at ports of entry to the United States. Currently, the Transportation Security Administration requires masks on airplanes and other forms of public transportation, with limited exceptions. That mandate is set to expire on September 13, 2021.
The States and Mask Mandates
In August 2020, the Congressional Research Service also wrote that federal constitutional precedents made it unlikely that the federal government could issue a national mask wearing mandate that applies to the states. The 10th Amendment’s anti-commandeering provision bars “the federal government from commandeering or requiring state officers to carry out federal directives.
This principle thus prevents Congress from requiring states or localities to mandate masks,” the CRS concluded. Another reality is that the federal government may be unable to enforce a national mask mandate due to the sheer scope of such an action on a state and local level.
However, some mask mandate opponents have made arguments that even state-issued mask mandates violate the federal constitution’s First Amendment.
One argument that has been upheld by the federal courts, including the Supreme Court, is that religious activity within buildings is protected under the Constitution’s Free Exercise clause.
Body language refers to the nonverbal signals that we use to communicate. According to experts, these nonverbal signals make up a huge part of daily communication.
From our facial expressions to our body movements, the things we don't say can still convey volumes of information.1
It has been suggested that body language may account for between 60 to 65% of all communication.2
Understanding body language is important, but it is also essential to pay attention to other cues such as context. In many cases, you should look at signals as a group rather than focusing on a single action.
Facial expressions are also among the most universal forms of body language. The expressions used to convey fear, anger, sadness, and happiness are similar throughout the world.
The Washington types don’t give a sweet diddly-damn about the Constitution. Unless it helps them stifle actions by their opponents, then they do their George M. Cohan imitation.
The Constitution means whatever they want it to mean.
Im n ot concerned about mask mandates..
Im concerned about vax mandates and passports...
There is a vaccine nazi here on FR who fantasizes about a national vaccine mandate coming by November. Nevermind that it’s categorically unconstitutional.
I have zero faith that that will prevent it.
There is an old saying about letting a Camels nose into the tent.
All of this debate about the government having authority to mandate masks and force so-called vaccinations is ridiculous.
It’s like debating whether the Constitution gives politicians “jus primae noctis”, i.e. the right to sleep with your new bride.
We are NOT subjects. We are free people. Period.
Aspiring tyrants who even suggest such an absurd idea as forcing the so-called vaccinations should be tarred and feathered, for starters.
The lawful execution of a few dozen of these criminal politicians would probably not be enough to stop the others from their bloodlust for power, but it might make them think twice before opening their mouths and boldly asserting the authority to treat us as slaves.
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