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Started By
Message
Opinions on constitutionality of stay at home orders
Posted on 4/5/20 at 11:30 am
Posted on 4/5/20 at 11:30 am
What is your official stance on the below:
1. Are national Quarantines/stay at home orders constitutional? (Yesterday Trump cited the constitution as the reason for not giving a national order)
2. Name your state. Does it go against your state’s constitution to for your governor/mayor to declare a stay at home order?
3. Do you think martial law has to be enacted before a stay at home order can Issued?
1. Are national Quarantines/stay at home orders constitutional? (Yesterday Trump cited the constitution as the reason for not giving a national order)
2. Name your state. Does it go against your state’s constitution to for your governor/mayor to declare a stay at home order?
3. Do you think martial law has to be enacted before a stay at home order can Issued?
This post was edited on 4/5/20 at 11:31 am
Posted on 4/5/20 at 11:31 am to FlexDawg
quote:
3. Do you think martial law has to be enacted before a stay at home order can Issued?
Yes.
Posted on 4/5/20 at 11:32 am to FlexDawg
I'm not going to help you crowd source your fifty state review of the applicable law.
Posted on 4/5/20 at 11:32 am to FlexDawg
1. No
2. No because the order is actually not shutting down anything.
3. No
2. No because the order is actually not shutting down anything.
3. No
Posted on 4/5/20 at 11:32 am to FlexDawg
quote:
3. Do you think martial law has to be enacted before a stay at home order can Issued?
yes
Posted on 4/5/20 at 11:34 am to FlexDawg
When the Governors declared emergency. It gave them powers. Once that document was signed, they have the power.
Posted on 4/5/20 at 11:34 am to FlexDawg
quote:
Are national Quarantines/stay at home orders constitutional?
Unfortunately yes
quote:
Name your state. Does it go against your state’s constitution to for your governor/mayor to declare a stay at home order?
TN. And we have laws that give the governor power to lock things down in times of emergency
quote:
Do you think martial law has to be enacted before a stay at home order can Issued?
No
Posted on 4/5/20 at 11:35 am to FlexDawg
What makes you think the constitution matters anymore and even if it was a blatant violation of the constitution anyone would do anything about it.
You are asking the wrong questions
You are asking the wrong questions
Posted on 4/5/20 at 11:36 am to YF12
quote:
What makes you think the constitution matters anymore and even if it was a blatant violation of the constitution anyone would do anything about it.
You are asking the wrong questions
This is ONLY to get opinions on if our constitution is being violated. I’m not asking what should we do or what is going to be done about it.
Posted on 4/5/20 at 11:38 am to FlexDawg
We’re misusing “quarantine.”
Quarantine is the isolation of a person known to have been exposed to an infection. I think that’s an important distinction. It’s individually/household applicable.
Quarantine is the isolation of a person known to have been exposed to an infection. I think that’s an important distinction. It’s individually/household applicable.
Posted on 4/5/20 at 11:38 am to FlexDawg
These lockdowns have been very unconstitutional. That said, it can’t and won’t be challenged.
Posted on 4/5/20 at 11:56 am to FlexDawg
quote:
3. Do you think martial law has to be enacted before a stay at home order can Issued?
Absolutely, which is why it won't be done on a National level. It should have been done in the Megalopolis, but that's water under the bridge.
Posted on 4/5/20 at 11:58 am to the808bass
quote:
We’re misusing “quarantine.”
Quarantine is the isolation of a person known to have been exposed to an infection. I think that’s an important distinction. It’s individually/household applicable.
In WI violating a quarantine order is pretty serious and carries heavy fines/jailtime.
Safer at home is not a quarantine however.
Posted on 4/5/20 at 12:01 pm to OchoDedos
quote:
Absolutely, which is why it won't be done on a National level. It should have been done in the Megalopolis, but that's water under the bridge.
So it can be done at a state level but not a national level with out martial law?
What language can you reference that shows this?
(I’m not disagreeing, I just honestly want to know)
Posted on 4/5/20 at 12:03 pm to FlexDawg
The Governors have all balked at declaring martial law. I think that would be the point where they could actively prohibit, with the force of law/deadly force, otherwise presumptively lawful behavior and commerce.
So, we are all begrudgingly, but voluntarily, following these restrictions for which there is no Constitutional authority, IMHO.
So, we are all begrudgingly, but voluntarily, following these restrictions for which there is no Constitutional authority, IMHO.
Posted on 4/5/20 at 12:15 pm to FlexDawg
quote:
2. Name your state. Does it go against your state’s constitution to for your governor/mayor to declare a stay at home order?
These “stay at home orders” should really be called “orders closing non-essential business and a limit on gatherings and a recommendation that people stay home”
The stay at home portion is a recommendation they say you should stay at home not that you are ordered.
Posted on 4/5/20 at 12:16 pm to sms151t
quote:Powers given to a governor, does not supersede the U.S. Constitution and the Bill of Rights.
When the Governors declared emergency. It gave them powers. Once that document was signed, they have the power.
Posted on 4/5/20 at 12:18 pm to Dizz
quote:
The stay at home portion is a recommendation they say you should stay at home not that you are ordered.
Not true. Some states have ordered non essential workers to stay home and gone beyond simply recommending and urging they do. My state took this step Friday with a new executive order.
Posted on 4/5/20 at 12:22 pm to greygoose
Actually it does in a declaration of an emergency You guys keep forgetting that those have been declared.
Read paragraph 5
That whole document gives him the authority and the President has said multiple times it’s a states issue.
Read paragraph 5
That whole document gives him the authority and the President has said multiple times it’s a states issue.
This post was edited on 4/5/20 at 12:26 pm
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