Seriously. Stand up for your rights. Ignore these unconstitutional mandates.
Posted on 04/30/2020 12:57:56 PM PDT by EdnaMode
Blue state resident here (Virginia). This lockdown was supposed to be only 15 days and then it was extended to 30. But Democrat governors across the country are seemingly extending these lockdowns indefinitely. This is no longer about protecting the health of citizens. Millions of people have lost their jobs and their businesses.
It seems the Democrat governors will extend these lockdowns for months. Millions of people want to work and want to get out of their homes but are afraid of being arrested.
Can Trump overrule these governors with an EO? Seems crazy that these governors could just close their states forever because they feel like it.
In the night while they're sleeping? Nah, Americans don't have the stomach for that.
Seriously. Stand up for your rights. Ignore these unconstitutional mandates.
Thats exactly right. He can use the act to force states back to work. It’s really the only tool at his disposal. Thing is if it goes to the courts he could lose. There was only 1 case back in the 40’s I think where the gov argued they had a right to force certain thing within the states because not doing so was harming interstate commerce.. Not sure the courts got it right but they sided with the government on this. ..If this were to go back to the courts for reconsideration you can be sure that it would change things across the country if it was overturned.
Why not? I mean ex orders used to just apply to depts under the exe, not as law of the land but I see Cuomo issuing exe orders like they are LAW. COPS SEEM TO THINK THEY’RE LAW...
“The question is CAN he. The answer is yes under the EPA of 1976. Otherwise states could say no wall while he has declared an emergency to build one thru several states. Did you see Cal stop the construction eats of San Diego?”
He would be testing the courts, and they may not agree with you that the situation you site (building the wall on the southern border) and trying to power over governors declarations posed as needed for public safety (right or wrong) is not an apples vs oranges comparison of the use of whatever powers the “EPA of 1976” provides. Whatever powers it confers are posed in a context and it could be an argument that powering over the governors in this instance meets that context.
And, in the first place I don’t think Trump would do as you say he “can”. He did not act in that manner and impose federal lock down orders on the states. He issued recommendations and let the states do as each state thought best. I can’t see him reversing that federalist philosophy now.
I think you are on the right track. The Federal Government can’t order a lock down or quarantine. The powers of quarantine and lock down are under the jurisdiction of each of the 50 states. So States can restrict business as long as they are engaging in intra-state commerce and business
https://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx
But as you note, under the Interstate Commerce Clause, Trump can influence it. Let’s say the Airports are opened back up, then you have Interstate Commerce, lets say Amtrack is open, etc, and then Trump says I want businesses to open and a business owner in Say Florida decides working from home takes an order from a business in Oregon. That Business person goes to his warehouse and tells his workers to fill the order and ship the inventory, at that point, you have Interstate Commerce so if A Governor decides to intervene in Interstate Commerce, the Governor is now getting into Federal Jurisdication.
With that said, I don’t want the Federal Government to mandate quarantine Laws. I see this as a 10th amendment state right issue where each state’s Governor and Health Department decides what is essential and non essential business. IF voters in a respective State think their Governor and Health Department have violated U.S. Constitution, then voters in each state can hammer that out.
I would not want a one size fit’s all Federal Law deciding what is essential business in State A vs. State B. Let each state handle their own quarantine laws that work best, with Federal guidance and advisory statements, directives, but not force of Law. Federal funding and assistance can be correlated to how well each state follows the Federal guidance, yes, but not Federal Law mandating what has to be done.
My two cents.
snipStafford Act Authorities and the President’s Emergency Declaration
The Stafford Act authorizes the President to issue two types of declarations that allow the federal government to provide assistance to state and local governments in responding to an emergency. An “emergency” is any situation in which the President determines that “federal assistance is needed to supplement State and local efforts …to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe….” 42 U.S.C. § 5122(1). A “major disaster,” by contrast is any “natural catastrophe” that the President determines “causes damage of sufficient severity and magnitude to warrant major disaster assistance.” 42 U.S.C. § 5122(2).The President’s March 13 letter to cabinet secretaries declared the COVID-19 pandemic to be an “emergency” triggering his Title V authorities, but left open the possibility that he may later declare a “major disaster.”
The major distinction between these two types of declarations is in the range of federal assistance that can be made available as a result of the declaration.
Under an emergency declaration, the President may direct federal agencies to use their resources to support state and local efforts, coordinate all disaster relief assistance, and assist in the distribution of medicine, food and other consumable supplies. Direct financial assistance can also be provided to state and local governments through congressionally-appropriated funds in the Disaster Relief Fund. This assistance generally is capped at $5,000,000 per emergency, but the President may authorize additional funds if he determines that (1) continued emergency assistance is immediately required; (2) there is a continuing and immediate risk to lives, property, public health or safety; and (3) necessary assistance will not otherwise be provided on a timely basis. 42 U.S.C. § 5193.
If the President subsequently declares a major disaster, additional federal assistance may be provided, including direct assistance to individuals and additional support such as crisis counseling services, relocation assistance, food distribution, and legal aid services, among other things.
My constitutional law degree is from FreeRepublic University, and I prefer that Governors handle their States coronavirus response.
If they drag their feet, stop or don’t send them money. Let the governors fine a way to pay for it.
I agree - POTUS should stay out of state’s affairs!
HST, FReedom/Liberty loving individual groups. who believe that their Civil Rights are being abused and trampled, need to use the courts to sort the badass LIEberal Governors out RIGHT NOW, and then throw them out of office in the next election.
If possible and legal in a specific LIEberal state, a recall is in order, fer shure! Fer shure!
I have said this to my friends and family and I will say it here:
It should be We The People, and not the governors to re-open. Let it start small like it has been going around here: family gatherings, then friends... the beaches, churches...
Then we start calling businesses we need to be open. Make appointments if necessary. If/when things get desparate, don’t think local cops will be a problem. They can either get special service if they are willing to go along - or get denied service if they want to be the bad governor’s hand.
just my $0.02
The Commerce Clause describes an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.
It's the responsibility of the President to enforce the Constitution, of which the Commerce Clause is a part of. 8>)
He never asked for a lock down, just social distancing. The states ordered the lock downs, and some states, like South Dakota, never did lock down their state. 8>)
Well he is not renewing the stay at home order it ends tonight.
The Federal Stay at home order will not be renewed it ends tonight.
Vote with Your
“Feet!”
.
My Plan is
Exit, Stage Right!
He has a lot of latitude with businesses thar have Interstate Commerce dependencies. But his biggest hammer is the bailout money they are seeking. They will get something, but it should be tied to re-opening and be a fraction of what they are asking for.
I think he can but I don’t think that would be a good move politically. If the cases and deaths spike up then he gets all the blame, and it’s not like the MSM is going to give him credit for getting the economy going again anyway.
I think the numbers might creep up but not spike up. Most people think it’s worth the risk in order to get commerce going again.
+1000! Tank you for posting
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