Posted on 04/11/2020 8:27:31 AM PDT by cll
“The right to travel is part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that ‘liberty’ is to be regulated, it must be pursuant to the law-making functions of the Congress...Freedom of movement across frontiers in either direction, and inside frontiers as well, was part of our heritage. Travel abroad, like travel within the country,...may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values”. - U.S. Supreme Court in Kent vs. Dulles.
Lives are also at stake if we stay shut down.
This isn’t a case of lives against money. This is lives against lives.
Economic contraction kills people too.
People here are very cognizant of social distancing now. And that’s good and it works. But social distancing doesn’t require everyone just sit in the house and not work.
2. The “right to travel” does not include all travel. You can’t take a shortcut through my garden without my permission, especially if you’re driving a car.
3. That the right to travel abroad must be regulated pursuant to the law-making functions of the Congress may be so, but “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Yes but those speed limits are supported by laws. There is a process for the passage of legislation that ultimately becomes law. None of that is happening here. Virtually none of these actions are supported by law. Yes laws on quarantines exist in some states but if you dig into them you will likely see they are like "warrants" in that they must be very targeted and supported by actual evidence of danger. It is highly unlikely any law allowing quarantines of individuals could support city sized and state sized lockdowns. In other words these actions are illegal unlike your speed limit sign which is clearly supported by law.
These days I feel like we are all at a roulette wheel, placing a life-altering bet. You can bet on red, or on black, or on some lucky number. But there is little guidance as to which bet is best.
But I am, however, sure of two things.
1. We are fortunate that Donald Trump is president now.
2. The Chinese communists can all go to hell.
Which medical expert?
Since, like lawyers, you can find one to argue either side of a question: Which one?
The greatest objection to establishing a Bill Off Rights was the concern that rights not enumerated would be construed as revocable privileges. Methinks the Founders absolutely would have included a “right to travel with and without vehicles” had they been capable of conceiving infringements thereon.
I wonder if Posse Comitatus would prevent this? Only calling up the national guard would be legitimate, since they are still technically under state leadership.
-PJ
When these orders first came out I said they were probably unenforceable, and that the governors who issued them would be content if 85% of the people obeyed them without any complaints — which seems like this is exactly what happened.
> Which medical expert? <
Good question. I’m going with majority rules. Most of my local and state doctors are saying to self-quarantine, and to avoid crowds. So that is what I am doing.
Time will tell whether or not I’m being foolish here.
The Amish situation might offer some interesting insight here. They are not required to have a driver’s license to operate a horse and buggy on public roads in my area, but the state IS permitted to require them to put safety markings on their buggies to make them more visible to passing motorists.
And if driving is a right, then how about flying? Do you really think the founders of the U.S. would have been comfortable with unregulated air travel?
WA Gov. Inslee shut down fishing but recommended biking, on the same day.
Well, maybe. We reserve the right to disallow foreigners to enter our country, and rightly so. In times of pandemic, the ‘rules’ must change somewhat.
A precedent has been set.
Now it will be much easier to repeat this in the future.
On the upside I haven’t seen a single U Boat in the Appalachians.
guidelines are not law
One of the basic concepts of our system of individual liberty and limited government prescribes that we should be able pursue what we want and live our lives the way we want as long as we don't infringe on the rights of others to do the same. So when it comes to air travel my response is the founders would have been fine with unregulated air travel when it can be done without endangering others. So if you have an airplane and you are going to fly it over unpopulated or very scarcely populated areas or you can in some way fly without endangering others then yes of course you should be able to do that without a license or "permission" from a government authority.
This does not of course dictate that driving requires a license because of potential endangerment to others as driving can easily be done safely by most anyone. So common sense tells us you have a right to drive but not to drive recklessly.
I would add my position about flying is backed up surprisingly by the fact that paragliding which is a form of powered flight does not require a license. How we got that one right I haven’t a clue! lol
Michigan has a great many outdoors enthusiasts - boating, biking, fishing, hiking, swimming, ORV, hunting, RV, camping.
Michigan’s Governor Gestapo Gretchen banned open burn, too, so I can’t even have a back yard fire in a fire bowl and enjoy an evening.
https://www.michigan.gov/dnr/0,4570,7-350-86469-523125—,00.html
There is a noticeably growing undercurrent of anger in MI. Trump will take MI big time. And I’m hearing recall talk about Gestapo Gretchen.
It will bring a mark of everlasting infamy on the present generation – enlightened as it is – if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of designing men.”
-Sam Adams
Somewhere today I saw an online recall for Ms.Gestapo, probanly facebook: mlive. What is the deal with open burn? How is that related to virus mitigation? Is she just seeing how many fun things she can control?
Frankly, calling her Gestapo is kind compared to what I WANT to call her.
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