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re: Opinions on constitutionality of stay at home orders

Posted on 4/5/20 at 1:03 pm to
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64549 posts
Posted on 4/5/20 at 1:03 pm to
quote:

Freedom of Religion, Right to Assemble are just two off the top of my head

I think you need to understand the Constitution before posting about it. You clearly don’t.
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139839 posts
Posted on 4/5/20 at 1:03 pm to
quote:

Freedom of Religion


When did the government tell you what religion to practice or set a national religion? You don’t understand what freedom of religion is

quote:

Right to assemble

You can go shopping you can go in public. You can have family over
Posted by greygoose
Member since Aug 2013
11442 posts
Posted on 4/5/20 at 1:06 pm to
quote:

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


If that were true, Alabama and other states would still have segregation.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
9191 posts
Posted on 4/5/20 at 1:08 pm to
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. That would be unconstitutional which is why Trump has not done it.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/5/20 at 1:09 pm to
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.


If they arresting, issuing citations, or threatening under color of law for people moving, perform commerce, or just enjoying the day - as a generalization I would say they are unconstitutional.

Furthermore, say they are doing what Delaware is doing by pulling over out of state drivers and issue 14 day quarantines (or attempting to do)... if they really tried to enforce these.

Lack of due process, unreasonable search, etc. alone with them breaking multiple clauses of the Constitution as to the citizen of having all the same privileges and citizens of other States.

Questions?

Also, Rights in say the Constitution is only some of our Rights... our Rights come from the Creator see Declaration of Independence which is really the forming of the government and often referred to by the Supreme Court.

Life, Liberty and pursuit of happiness as often reference by the SC.

quote:

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. That would be unconstitutional which is why Trump has not done it.


I would generally, States have limited ability to impact Life, Liberty and pursuit to Happiness... there is some leeway there, however, in most of these cases are not justified and are discrimination in nature, imo and not uniform and in most cases lacks common sense.

Walmart is open, why not every store?

Logic went to the window a long time ago on this stuff.
This post was edited on 4/5/20 at 1:14 pm
Posted by BuckyCheese
Member since Jan 2015
49126 posts
Posted on 4/5/20 at 1:09 pm to
quote:

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?



I thought the sarcasm was obvious enough. Guess not.
Posted by BuckyCheese
Member since Jan 2015
49126 posts
Posted on 4/5/20 at 1:12 pm to
quote:

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



If you can't see the equivalence between your demand someone fight these orders to the SC and what I posted you are rather dense.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64549 posts
Posted on 4/5/20 at 1:13 pm to
If you believe what you posted you are rather dense
Posted by greygoose
Member since Aug 2013
11442 posts
Posted on 4/5/20 at 1:15 pm to
quote:

When did the government tell you what religion to practice or set a national religion? You don’t understand what freedom of religion is


I'm getting the feeling, I arguing with a child. The government is limiting the practice of all religions by restricting people from attending services.

quote:

You can go shopping you can go in public. You can have family over

Now I know I'm arguing with a child!


The right to assemble, in a peaceful manner, is the 1st fricking Amendment to our constitution. The governor of Alabama said I can have 10 people at my house, but not 11.
Posted by greygoose
Member since Aug 2013
11442 posts
Posted on 4/5/20 at 1:17 pm to
quote:

If you can't see the equivalence between your demand someone fight these orders to the SC and what I posted you are rather dense.


Pretty high-profile case in the news now, that proves your point. General Flynn ring a bell?
Posted by EKG
Houston, TX
Member since Jun 2010
44017 posts
Posted on 4/5/20 at 1:20 pm to
quote:

1. Are national Quarantines/stay at home orders constitutional? (Yesterday Trump cited the constitution as the reason for not giving a national order)
No


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?
Texas. Don’t know. I need to research it.


quote:

3. Do you think martial law has to be enacted before a stay at home order can Issued?
Yes ... but that’s chilling

I’m currently not leaving my house—by my choice.
My family, friends, and neighbors are doing the same.
It’s an act of common sense, not political obedience.

God bless Texas.
Posted by greygoose
Member since Aug 2013
11442 posts
Posted on 4/5/20 at 1:22 pm to
quote:

GeauxFightingTigers1


Awesome post! Have an upvote! Dullards are still trying to decipher what is concise and to the point, your post is!
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139839 posts
Posted on 4/5/20 at 1:25 pm to
quote:

I'm getting the feeling, I arguing with a child. The government is limiting the practice of all religions by restricting people from attending services


They aren’t limiting you to practice religion. Hell they’ve even mentioned in multiple press briefings ways to practice if you’d like and reminding folks of what Big holidays are coming

So are you saying occupancy limits are unconstitutional now with your stupid take on assembly? So Fire Marshals across the country are suppressing your rights. Concert organizers are surprising your rights?

You seem childish
This post was edited on 4/5/20 at 1:27 pm
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64549 posts
Posted on 4/5/20 at 1:35 pm to
quote:

restricting people from attending services.

In person. They can also limit when and where you assemble. The rights in the constitution are not absolute nor were they ever intended to be
This post was edited on 4/5/20 at 1:36 pm
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/5/20 at 2:14 pm to
quote:

If this gets worse then Martial Law might be only action.


I am not aware of any reference to martial law in U.S. Constitution, to me martial law would be the equivalent of no law. The U.S. maybe able to suspend the writ of habeas corpus which could in theory impacts the People's Rights during Rebellion. The State really have no such ability that I aware of or similar, they could and possibly can impact Rights to a degree for health and safety, the problem here is they are not uniform and make no logic sense, further, due process should not be suspended.

The issue here is its not uniform and seems discrimination in part, and the current actions generally lack due process rights.... contrary to law comes to mind.

Many of these State, Counties and Cities might end up going belly up from "taking" claims, which I suspect they might lose quite a few.... I am would be for no bailouts.
This post was edited on 4/5/20 at 2:17 pm
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27896 posts
Posted on 4/5/20 at 2:28 pm to
quote:

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

One man doesnt get to pick the economic winners and losers based on an executive order, in our system of government
Posted by greygoose
Member since Aug 2013
11442 posts
Posted on 4/5/20 at 6:34 pm to
quote:

You seem childish


You seem retarded.

Freedom to practice my religion includes attending religious services. Limiting a service to 10 people, disenfranchises just about every religious person whose faith includes a weekly service.

You are way too dumb to convince. Case in point, that article your dumbass posted, that PROVED MY POINT!
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 4/5/20 at 7:04 pm to
quote:

When the Governors declared emergency. It gave them powers. Once that document was signed, they have the power.



Eat my arse.

They don't have any fricking Powers we don't give their asses.

The American ideal was that government derives their powers by the consent of the governed.

They can play around with the wording and legalese within the framework of the law all they want but ultimately the power rests with the people. We can casually disregard them and there is absolutely nothing they can do about it as long as there's enough of us doing it. And THAT's what the Second Amendment is all about and that's why many Founders were suspicious of a standing army.
This post was edited on 4/5/20 at 7:07 pm
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 4/5/20 at 7:14 pm to
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



And they were wrong and unconstitutional in every case. I don't really care what some judge says or some other power drunk politician no. None of this was the original intent. We had it right the first time. It's only been perverted since then with only a few positive adjustments.

In the beginning everybody understood that it was the natural tendency of government to overstep their bounds and reach for more more power. It would take a Vigilant public to hold it back. We are no longer Vigilant. I'll give you two quotes.

When Franklin left the Constitutional Convention a woman asked him, "what have you given us, sir?" His reply was, "A republic, ma'am. If you can keep it."

And if it gets bad enough....

"The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants."

-Thomas Jefferson
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