For instance allowing socially distanced outdoor recreation, except for a certain set of arbitrarily chosen activities that offend the sensitivities of the Michigan governor or the global warming crowd are not resting a rational basis. Fishing in the middle of a lake is not more prone to spreading a virus than jogging in the park.
Then there is the issue of balancing public health against the right to contract out one's labor to earn a living to feed one's family. Clearly this isn't bubonic plague where we are all going to die.
** Significantly, the Supreme Court has held that states can invoke such authority—within reason—to respond to a health crisis. **
“Within-reason”? I think we’ve gotten well passed that point when governors are shutting down gun & ammunition sales, emptying prisons, suspending arrests for certain crimes and arbitrarily declaring which business are and are not essential thus crashing the national economy.
The Pennsylvania legislature has repeatedly failed to override Gov. Wolf’s veto’s. To be fair he has moved to ease a few specific restrictions in order to maintain his vetos. But he still fits the textbook definition of a tyrant.
You are free to challenge those edicts by the MI governor at any time.
Once the courts reopen.
Which is, of course, the most basic issue. There is little, if any, judicial oversight and executives can do pretty much as they choose until they relinquish these powers or have them removed by the legislature.
It’s just they way it is.
I believe in suspending our Constitutional rights, one must consider the severity of the circumstances. In all prior instances, the country was at war or there was some localized natural disaster. In the case of war, the nation’s existence was at risk. In the case of natural disaster, the rules were for a very short period of time and only impacted the local area. The government’s current suspension of our rights is a total over reaction to this virus. It is estimated that 99.97 percent of people will NOT die from the virus, yet 100% will lose their rights, 20-30 percent will become unemployed, and our economy will be destroyed.
In addition, one must consider which rights have been impacted. In nearly all prior cases, the government ordered people to take action, such as change production. I am not aware of any action where our rights to assemble and exercise religion were suspended. Nor, am I aware where our right to equal protection was totally ignored. Lastly, as previously mentioned, the governors’ orders are arbitrary, which make them unconstitutional.
In the current situation the government’s actions to suspend our rights far exceed the virus’s risk to the nation. Their actions are unconstitutional.
"For instance allowing socially distanced outdoor recreation, except for a certain set of arbitrarily chosen activities that offend the sensitivities of the Michigan governor or the global warming crowd are not resting a rational basis. Fishing in the middle of a lake is not more prone to spreading a virus than jogging in the park."
Fair point. But I think the folks marching around with "LIBERATE <state name>" signs are making a broader claim.