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re: Clay Higgins (R-LA) calls out Honor Code JBE’s actions in video.
Posted on 3/17/20 at 1:11 pm to FalseProphet
Posted on 3/17/20 at 1:11 pm to FalseProphet
Higgins is weird, but he does bring up something that I have wondered. What authority does the governor have to tell business they cant operate?
This post was edited on 3/17/20 at 1:12 pm
Posted on 3/17/20 at 1:16 pm to rented mule
quote:
Higgins is wierd, but he does bring up something that I have wondered. What authority does the governor have to tell business they cant operate?
States are considered sovereigns. Unlike the Federal Government, they have blanket police power. Unless the Constitution gives power to the federal government, the feds don’t have that power. Unless the Constitution takes power away from state governments, they do have that power. The 14th Amendment takes the restraints placed on Congress in the Bill of Rights and Civil War Amendments and makes them enforceable on states. So, violating the rights to freedom of religion, freedom of association, speech, jury trial, unreasonable searches and seizures, due process, etc can be enforced against states that abridge those freedoms.
However, who can hear a suit against a state government overstepping those rights if there are no courts open to hear them? Fed courts in Louisiana are closed. The Governor controls the National Guard units in his state. In Louisiana, all the mayors and local governments are considered inferior arms of the state government, so the Governor can run right over them. The businesses are licensed to operate by the local government and often by state licensing regimes as well. Governor pretty much has absolute power at the moment.
This post was edited on 3/17/20 at 1:40 pm
Posted on 3/17/20 at 1:37 pm to rented mule
Probably none. It’s a proclamation. Not a statute.
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