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To: EdnaMode

Not exactly. But he has tools, including Interstate Commerce Act.


11 posted on 04/30/2020 1:07:17 PM PDT by jjotto (“Blessed are You LORD, who crushes enemies and subdues the wicked.”)
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To: jjotto

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.


23 posted on 04/30/2020 1:19:57 PM PDT by freedomlver
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To: jjotto

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.


26 posted on 04/30/2020 1:30:26 PM PDT by CTrent1564
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