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Message
re: Simply having a New York license plate should not be probable cause for a stop.
Posted on 3/29/20 at 8:28 pm to Apollyon
Posted on 3/29/20 at 8:28 pm to Apollyon
quote:
Apollyon
Truly enlightening response, with lots of deflection and not a single substantive point made.
I particularly enjoyed earlier where you labeled those acknowledging the existence of emergency powers as leftists. It must have been heartbreaking to hear that Trump has invoked emergency powers.
I’m not making strawman arguments, when in the next sentence you claim that rights can’t be stripped. Very simple question, which has gone unanswered so far: if rights can’t be stripped, how do prisons exist?
Posted on 3/29/20 at 8:31 pm to Parmen
Crandel v. Nevada all up in this motha
Posted on 3/29/20 at 8:35 pm to Parmen
They don't need probable cause for a traffic stop only reasonable suspicion.
Posted on 3/29/20 at 8:35 pm to kingbob
quote:
Crandel v. Nevada all up in this motha
We’re arguing with people ignoring the plain language of the constitution. Asking them to read an opinion is a tall order. These are not constitutionalists, these are crazies
Posted on 3/29/20 at 8:43 pm to Steadmans Cheddar
Crandel v. Nevada is an 19th Century case that pronounced the Right to Travel as a penumbra right under several different amendments.
Posted on 3/29/20 at 9:13 pm to GeauxFightingTigers1
That’s the whole point of the federalist system. United States government can regulate travel among the states, whereas the states cannot—all due to the federal system of government we have. You are wrong.
Posted on 3/29/20 at 9:25 pm to Stud
False. The federal government’s role in “regulating interstate commerce” is to prevent states from stopping the flow of interstate commerce, not for the federal government to stop it. The purpose of that provision was to prevent states from erecting hard borders with checkpoints and from levying tariffs on goods from other states. The federal government’s role was to preserve the common free market between all the states in the Union.
Crandel v. Nevada extended that role to stopping states from preventing travel by citizens between states. Citizens have the right to travel, and states cannot take that right away without due process, which requires a pre-termination hearing where the citizen gets a chance to defend themselves. States cannot blockade or outlaw travel between states.
The feds aren’t allowed to stop travel or commerce either (or at least weren’t prior to Wickard v. Filburn), but they have the power to prevent states from stopping travel and commerce.
Crandel v. Nevada extended that role to stopping states from preventing travel by citizens between states. Citizens have the right to travel, and states cannot take that right away without due process, which requires a pre-termination hearing where the citizen gets a chance to defend themselves. States cannot blockade or outlaw travel between states.
The feds aren’t allowed to stop travel or commerce either (or at least weren’t prior to Wickard v. Filburn), but they have the power to prevent states from stopping travel and commerce.
This post was edited on 3/29/20 at 9:27 pm
Posted on 3/29/20 at 9:33 pm to Port Royal
quote:
Reckless Endangerment/Negligent Homocide is a probable cause.
What's the difference in being DUI and injuring or killing someone or leaving NYC and infecting 25 people who may or may not become ill and/or die.
Well, you can test the person if they are drunk and they know they are drunk. If someone is knowingly carrying the Corona virus that's one thing, but if they aren't? That's insanity.
It's like you people don't realize there is a life after the virus, and my god if you allow this shite to occur the police are going to law and order the hell out of the citizenry for just idiotic reasons.
This post was edited on 3/29/20 at 9:34 pm
Posted on 3/29/20 at 10:14 pm to MintBerry Crunch
Please cite the language from the opinion.
Posted on 3/29/20 at 10:26 pm to MintBerry Crunch
quote:
Gibbons v Ogden says that states have quarantine powers boss.
You got a link or a quote to that, baw? I’m pretty damn sure Gibbons v. Ogden says nothing of the sort.
Posted on 3/29/20 at 10:46 pm to kingbob
quote:
You got a link or a quote to that, baw?
Gibbons v Ogden, 22 US 1, 203 (1824)
“[Inspection laws] form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass.”
Posted on 3/29/20 at 10:50 pm to Parmen
quote:
Please cite the language from the opinion.
Language is cited above. Not sure why it matters to you. You’ve stated before that rights are given by God and not subject to regulation by the Constitution.
Posted on 3/29/20 at 10:50 pm to Parmen
quote:
Simply having a New York license plate should not be probable cause for a stop.
If I've read much on the poliboard... I know there's a certain number of y'all who think baselessly frisking them is also kosher. Or is NYC stop and frisk complete bullshite? Decide today
Posted on 3/29/20 at 11:24 pm to Steadmans Cheddar
Quarantine laws are about quarantining individual citizens, property, or ships in the harbor. They’re not meant for closing off entire states. Not even Justice Sotomayor would support that. You’re purposely misconstruing the language of that opinion.
Posted on 3/29/20 at 11:25 pm to MoarKilometers
Baseless frisking is absolutely should NOT be kosher.
However, the 4th and 5th amendments have been completely gutted by our courts in the name of fighting the wars on drugs and terror.
However, the 4th and 5th amendments have been completely gutted by our courts in the name of fighting the wars on drugs and terror.
This post was edited on 3/29/20 at 11:27 pm
Posted on 3/29/20 at 11:41 pm to Parmen
The pull people over and ask them to self quarantine no?
Is it right? No
Has the person been harmed?
Is it right? No
Has the person been harmed?
Posted on 3/29/20 at 11:44 pm to Steadmans Cheddar
Sure the can have quarantine laws and enforce them. The problem here is they are not quarantining people and the selection is done by a license plate. Nor is there due process, nor can they simple stop everyone at the border and selective go after people.
These are not quarantines, but they can have them.
Your cite really doesn't address the issues.
These are not quarantines, but they can have them.
Your cite really doesn't address the issues.
This post was edited on 3/29/20 at 11:47 pm
Posted on 3/29/20 at 11:46 pm to Parmen
quote:
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Good idea in theory
I can think of many cases in which that does not apply though because the constitution means jack shite
See most gun laws
This post was edited on 3/29/20 at 11:47 pm
Posted on 3/29/20 at 11:56 pm to kingbob
quote:
Quarantine laws are about quarantining individual citizens, property, or ships in the harbor. They’re not meant for closing off entire states.
You apparently think a ship coming from another state is radically different than a car coming from another state. Fair enough. I don’t see where you’re getting the idea those laws have to be directed individually, however.
If I was asked to give federal authority to stop travel between states to stop the spread of disease, I’d probably just use 42 USC § 264.
“The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”
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