Posted on 03/28/2020 8:03:16 AM PDT by rktman
President Donald Trump is rightly talking about when we can reopen the country for business, noting that we cannot allow the cure to become worse than the disease. However, Trump does not have the keys to the shop. It is the country's governors and mayors. Thus far they have not been expressing the same sentiment. If they do not loosen their shutdown orders within a reasonable time, we may have to turn to the courts. It turns out that many, if not all, of these orders would likely be struck down as unconstitutional.
The federal government thus far has only issued "guidelines," not enforceable orders. Many states and cities, however, have issued enforceable orders whereby violation subjects one to fines or imprisonment.
Article I of the California Constitution reads: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." Most state constitutions contain similar language.
Neither the governor nor the mayors have the authority to suspend the state constitution, regardless of the emergency. According to Meuser, state officials may declare a state of emergency, and may quarantine individuals known to have the virus or known to have been in contact with those who had the virus pursuant to the state's health and safety laws. But a sweeping ban prohibiting people from leaving their homes, according to Meuser, is a clear overreach. It arguably violates numerous parts of Article I, such as Californians' "inalienable right" to be "free and independent," enjoy "life" and "liberty," to "acquire, possess, and protect property," and pursue "happiness."
(Excerpt) Read more at wnd.com ...
Lawsuits will be laughed out of court.
Quarantines and other shut-down measures are as American as apple pie:
https://www.history.com/news/spanish-flu-pandemic-response-cities
Gee, read Article I and you’d think not a single one of their gun laws would pass Constitutional muster.
What about Article 4 of the US Constitution? It is an obligation of the national government to guarantee a republican form of government in each state of the union. Trump should federalize the national guards of each state in which governors have installed themselves (without consent of the governed) as regional Hitlers or Stalins to enforce prudent reopening of their economies. Let the courts sort it out. Trump should forcefully ignore injunctions from minor courts and let the cases go through a normal appeal process.
” It turns out that many, if not all, of these orders would likely be struck down as unconstitutional.”
No doubt the CA SC will side with the people /s . It looks to me like it may become red state/blue state idiocy. The blue state keeps their people under house arrest and the red states loosen up. Then every time a new case pops up in a red state it will get a Drudge siren.
That’s what my fellow colleagues and I have been saying. The “orders” are not legal. Kind of like the boil first on your water. You can but you don’t gotta.
No they won’t.
You can quarantine sick people, not well people.
Apparently, it is our constitutional right to infect others when we know we are sick. In fact, didn’t the courts recently decide that it was okay to infect others with HIV by not informing them before engaging in carnal activities?
They aren’t arresting non-violent offenders, why on earth would they arrest someone who went outside?
Pilrim’s, do you know anyone who has covid 19? I can’t understand the universal panic.
Not yet, and I don’t expect that I’ll ever know anyone personally with the disease. But I trust my president. I’m much happier that he is in control these days than Barack or Hillary.
I can’t argue with that.
Everybody has the right to die even if it’s a horrid death.
Because they do not "respect mah Authorita".
You will obey the authorities. Men with guns will enforce their orders, whether they make any sense or not. Especially if the orders make no sense. Nothing else is more important to to the authorities than obedience.
Nothing.
The People’s Sewer of Kalifornia demonstrated it’s contempt for the Constitution when it passed their draconian gun laws ~2000. Once they realized their sheeple would go along with anything, then they got really ambitious.
No one is getting arrested. There is no way.
Quarantines are established precedent.
But quarantines are for sick people. Not healthy ones. That’s what I’d argue.
Government has no right to quarantine the healthy.
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