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Opinions on constitutionality of stay at home orders

Posted on 4/5/20 at 11:30 am
Posted by FlexDawg
Member since Jan 2018
12812 posts
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?
This post was edited on 4/5/20 at 11:31 am
Posted by KosmoCramer
Member since Dec 2007
76445 posts
Posted on 4/5/20 at 11:31 am to
quote:

3. Do you think martial law has to be enacted before a stay at home order can Issued?


Yes.
Posted by Teddy Ruxpin
Member since Oct 2006
39545 posts
Posted on 4/5/20 at 11:32 am to
I'm not going to help you crowd source your fifty state review of the applicable law.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48868 posts
Posted on 4/5/20 at 11:32 am to
1. No
2. No because the order is actually not shutting down anything.
3. No
Posted by BuckyCheese
Member since Jan 2015
48599 posts
Posted on 4/5/20 at 11:32 am to
quote:

3. Do you think martial law has to be enacted before a stay at home order can Issued?


yes
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139830 posts
Posted on 4/5/20 at 11:34 am to
When the Governors declared emergency. It gave them powers. Once that document was signed, they have the power.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64415 posts
Posted on 4/5/20 at 11:34 am to
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 by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 4/5/20 at 11:35 am to
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
Posted by FlexDawg
Member since Jan 2018
12812 posts
Posted on 4/5/20 at 11:36 am to
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 by Kafka
I am the moral conscience of TD
Member since Jul 2007
141386 posts
Posted on 4/5/20 at 11:37 am to
Posted by the808bass
The Lou
Member since Oct 2012
111486 posts
Posted on 4/5/20 at 11:38 am to
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.
Posted by LSUwag
Florida man
Member since Jan 2007
17318 posts
Posted on 4/5/20 at 11:38 am to
These lockdowns have been very unconstitutional. That said, it can’t and won’t be challenged.
Posted by OchoDedos
Republic of Texas
Member since Oct 2014
33935 posts
Posted on 4/5/20 at 11:56 am to
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 by BuckyCheese
Member since Jan 2015
48599 posts
Posted on 4/5/20 at 11:58 am to
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 by FlexDawg
Member since Jan 2018
12812 posts
Posted on 4/5/20 at 12:01 pm to
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 by Ace Midnight
Between sanity and madness
Member since Dec 2006
89452 posts
Posted on 4/5/20 at 12:03 pm to
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.
Posted by Dizz
Member since May 2008
14718 posts
Posted on 4/5/20 at 12:15 pm to
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 by greygoose
Member since Aug 2013
11430 posts
Posted on 4/5/20 at 12:16 pm to
quote:

When the Governors declared emergency. It gave them powers. Once that document was signed, they have the power.
Powers given to a governor, does not supersede the U.S. Constitution and the Bill of Rights.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64415 posts
Posted on 4/5/20 at 12:18 pm to
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 by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139830 posts
Posted on 4/5/20 at 12:22 pm to
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.
This post was edited on 4/5/20 at 12:26 pm
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