Posted on 03/15/2020 9:11:54 PM PDT by Persevero
Can anyone explain to me how a Governor can just declare restaurants - bars - breweries - wineries - closed? Don’t they have to declare martial law or something beforehand? Do any of these hundreds of thousands of business owners have any recourse?
Happening in New York, California, Washington, Pennsylvania.
(Excerpt) Read more at sfgate.com ...
It sounds grossly unconstitutional to mw.
Emergency powers - get used to it. The laws have been in place for 100 years.
I’m inclined to agree, however, there is a national state of emergency, and it may have been fudged into law just enough for them to get away with it.
Here in IL, at least one town has suspended the sales of firearms and ammo, and have essentially instituted martial law within city limits.
It’s the way of progressives going back to Wilson. The laws and executive orders have long been in place. Doesn’t mean it’s not unconstitutional, it just hasn’t been challenged in court, the right court, that is.
I fully understand that. Please explain how 50-70 deaths in 320,000,000 people constitutes an emergency?
“Here in IL, at least one town has suspended the sales of firearms and ammo”
Also food, water, clothing and gasoline.
It seems to me that you would have to declare Martial Law. They can close the things the state runs but not private entities.
All states have some kind of public health emergency powers...
Little Girl Hysteria Syndrome
There are two ways to quarantine. Get welded into your house ala Wuhan, or close down certain stores, places of gathering, etc, so that if you wander through the town...there is no where to go...so might as well stay home.
I prefer the later for obvious reasons. Freedom of movement, stores like walmart still open...just no bars or “wineries.” Not an issue for moi anyway.
It looks like my fairs have closed. The one in Las Vegas....in AZ, the governor is implementing the new CDC guidelines for mass gatherings of more than 50 people. So no chance to earn money until June....keeping fingers crossed.
“Please explain how 50-70 deaths in 320,000,000 people constitutes an emergency?”
It’s called Exponential Growth. If it stopped at 70 deaths, no big deal. If it stops at 10 to 20 million deaths, it is a big deal. We’d like to stop it early.
That simply.
He’s the Governor. The GOVERNOR!! And it’s an emergency, a crisis, an emergency crisis!! Any day now people could possibly get sick!! Don’t you understand?
And by the way, it has nothing to do with 90% being democrat governors in democrat states. Illinois, NY, California, Washington.
Don’t dare suggest this is just a continuation of the coup.
It’s just a coincidence that all the responses have the effect of destroying the economic explosion we were experiencing. And it’s just a coincidence that China, the Dems, and the Repub establishment want Trump gone and know the economy is his best accomplishment.
Total coincidence. They aren’t tyrants. /s
A lot longer than that. Police Power is a very ancient common law principle, reserved to the states via the Tenth Amendment. Martial law is just the end of the line of Police Power where the civil authority is suspended and the military administers the government, the most dramatic example being Hawaii under martial law from 12/7/41 to 10/44. Short of martial law, pretty much anything reasonably needed to confront threats like repelling invasion, suppressing rebellion and riot, combating pestilence, etc. is fair game. Courts are loathe to get involved. No court ever breathed a word when the Mayor of San Francisco ordered “persons engaged in any crime”
to be shot dead in the streets following the earthquake.
Earthquake of 1906, I should have said.
Makes sense - I think the problem in Wuhan was that infected people were told to go home and stay home, as they had no hospital space for them. They resisted, so they got welded-in.
Hopefully your (our) approach #2 is sufficient to never get to that level.
Ok. Please show which previous serious virus required this level of draconian loss of freedom to subdue. So far, there are several that presented a greater threat to the public. And how much freedom can we expect to give up during the next flu season?
Non-legal opinion: Perhaps it’s under the umbrella of a Federal declaration of a state of emergency.
Thanks for the history - and that is true about Hawaii - besides their location, they were (and probably still are) half Japanese...something that wasn’t too popular with the rest of the country back then.
As to this case, I’d give 100 to 1 that you’re right regarding the courts. They may get involved, but ONLY on the back end, if they see governments not giving up power quickly enough. Anyone hoping the courts will ‘save us’ might as well hope the virus flies over the US without touching us (as the Flubros seem to think will happen), as that’s more likely.
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