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 ...
What does the US Constitution have to do with the Peoples’ Socialist Republic of Kalifornia?
“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.”
So, obtaining safety by shutting things down during a crisis is unconstitutional?
California Constitution = Lets try this no this..............
Exactly!!! What happens when you quarantine someone sick, or asymptomatic with a person that isn’t sick.....the non sick person becomes infected too!!!!!!!!!!!!!!!
FINALLY!
Let the pushback begin.
Memorize the First Amendment!
Really? there are other states that have taken more draconian and fascist steps than California, so why aren’t they mentioned? Oh yeah because....................California!
I’ve had it. I’m looking at HTML text editors this morning to do a post here re my experience.
Unfortunately I lost the one I liked and can’t recall it’s name.
” It turns out that many, if not all, of these orders would likely be struck down as unconstitutional.”
LOL!
‘No one is getting arrested. There is no way.
SMDH...
If .gov can’t test everybody, then anyone who is not tested becomes treated as positive (potential spreader).
I know that what they are doing. I think it’s terribly wrong.
At any time any government official can quarantine perfectly healthy people in these grounds.
There are viruses constantly circulating. They can justify this ad infinitum.
All of these orders are Unconstitutional and must be struck down.
JoMa
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.