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re: Opinions on constitutionality of stay at home orders
Posted on 4/5/20 at 12:24 pm to lsufball19
Posted on 4/5/20 at 12:24 pm to lsufball19
There are tons of examples where a state has passed laws, that were stricken down by the USSC. These "orders" issued by governors still have to pass constitutional muster. The people defending these actions, are basically saying a governor, using emergency powers, can basically do anything they want. That is just not true.
1
Posted on 4/5/20 at 12:29 pm to sms151t
quote:
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 is a really dumb post. The Constitution of the State of Arkansas does not supersede the U.S. Constitution! Let's say, for example, Arkansas decides to pass an amendment banning the ownership of firearms. Are you saying that would stand?
Posted on 4/5/20 at 12:32 pm to greygoose
No I’m saying in a state of emergency that certain powers of government stands. Just like when Lincoln suspended certain rights of freedom and FDR interred the Japanese. It was done in state of emergency
Did you forget about those things? These are done in states of emergency that have been acknowledged and recognized by our government
Did you forget about those things? These are done in states of emergency that have been acknowledged and recognized by our government
This post was edited on 4/5/20 at 12:34 pm
Posted on 4/5/20 at 12:43 pm to sms151t
quote:So, by your logic, all a governor has to do, is declare "state of emergency", then dictatorial powers are enabled?
No I’m saying in a state of emergency
quote:
Just like when Lincoln suspended certain rights of freedom and FDR interred the Japanese.
Now you are comparing national actions to state actions, and using very bad examples, at that. Lincoln suspended habeas corpus AFTER a BILL was passed by Congress allowing him. FDR's internment of Japanese-American citizens led to reparations to that group and is widely deemed one of country's dark mistakes.
Posted on 4/5/20 at 12:45 pm to lsufball19
Which state?
Posted on 4/5/20 at 12:45 pm to greygoose
I guess you would have been ok if at the height of the AIDS epidemic, Reagan declare "state of emergency" and put all gays into internment camps?
Posted on 4/5/20 at 12:48 pm to greygoose
quote:
There are tons of examples where a state has passed laws, that were stricken down by the USSC. These "orders" issued by governors still have to pass constitutional muster. The people defending these actions, are basically saying a governor, using emergency powers, can basically do anything they want. That is just not true.
I welcome you to violate them, get arrested, and wait for your state Supreme Court to hear your case.
Posted on 4/5/20 at 12:49 pm to sms151t
quote:
Which has to be recognized by Federal Government but you know that.
We are not in a SAH order so we are lucky, but state law gives them the right
LINK
Did you even read the article that you posted? Here's a quote from it, that destroys your arguement:
quote:
There are plenty of laws on the books that allow for these orders. But even emergency and health-protective laws have to be constitutional
Posted on 4/5/20 at 12:50 pm to Dizz
quote:
Which state?
Tennessee. Obviously there are a ton of exceptions under essential work and activities but it’s still now an order and not a recommendation to follow.
Posted on 4/5/20 at 12:50 pm to greygoose
quote:
I guess you would have been ok if at the height of the AIDS epidemic, Reagan declare "state of emergency" and put all gays into internment camps?
I wouldn't have had much of a problem with this.
Posted on 4/5/20 at 12:51 pm to lsufball19
quote:
I welcome you to violate them, get arrested, and wait for your state Supreme Court to hear your case.
So we don't have any rights? Just words on a piece of paper, correct?
Posted on 4/5/20 at 12:52 pm to lsufball19
quote:
I welcome you to violate them, get arrested, and wait for your state Supreme Court to hear your case.
Essentially how law enforcement works these days.
Put the penalty so high you just plea or pay the fine to get on with your life.
Posted on 4/5/20 at 12:53 pm to greygoose
quote:
So we don't have any rights? Just words on a piece of paper, correct?
Tell me what constitutionally protected rights are being violated. Like I said, you should take it upon yourself to challenge the authoritarian government oppressing you.
Posted on 4/5/20 at 12:55 pm to BuckyCheese
quote:
Essentially how law enforcement works these days.
Put the penalty so high you just plea or pay the fine to get on with your life.
Didn’t realize law enforcement officers were also state legislators, prosecutors, and judges. Learn something new every day
Posted on 4/5/20 at 12:55 pm to BuckyCheese
quote:
I wouldn't have had much of a problem with this.
Then you don't have a problem with forced imprisonment in your home until our betters deem this current situation is safe for us all to leave?
Reminds me of that German priest in Nazi Germany who didn't speak up when they came for the Jew, gypsies, gays, etc, because he wasn't any of those. Then when they came for the Catholics, there wasn't anyone left to speak up for him.
Posted on 4/5/20 at 12:58 pm to lsufball19
quote:
Tell me what constitutionally protected rights are being violated. Like I said, you should take it upon yourself to challenge the authoritarian government oppressing you.
Freedom of Religion, Right to Assemble are just two off the top of my head. Alabama is "allowing" religious services if there are only 10 or less people attending.
Posted on 4/5/20 at 12:58 pm to sms151t
quote:
No I’m saying in a state of emergency that certain powers of government stands. Just like when Lincoln suspended certain rights of freedom and FDR interred the Japanese. It was done in state of emergency Did you forget about those things? These are done in states of emergency that have been acknowledged and recognized by our government
Actually, Rights were not suspended on the "writ of habeas corpus" is only suspended. Now it is true this could be used as a tool to suppress Rights but the Rights themselves really are not suspended.
Posted on 4/5/20 at 12:59 pm to FlexDawg
The Feds have limited powers here. Trumps at mercy of governors opening up economy. National Quarantines are not legal at Federal level but each State has the powers to enact stat at home. The Feds can then back the Governor's by activating National Guard.
No, it’s a power that Louisiana Governor has constitutionally
Unfortunately only half the population is adhering to stay at home order. If this gets worse then Martial Law might be only action. Nobody wants this to happen but if it’s needed to stop this spread after months of idiots not listening then I’ll be for it.
No, it’s a power that Louisiana Governor has constitutionally
Unfortunately only half the population is adhering to stay at home order. If this gets worse then Martial Law might be only action. Nobody wants this to happen but if it’s needed to stop this spread after months of idiots not listening then I’ll be for it.
Posted on 4/5/20 at 1:02 pm to FlexDawg
State yes. State is responsible for the health, safety and welfare of the people. That is why this is a state issue and should be state lead
Federal no.
Federal no.
This post was edited on 4/5/20 at 1:05 pm
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