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Posted on 3/30/20 at 12:02 am to Parmen
This is why the south had it right. You are a citizen of the state you live in. First and foremost. frick everybody else.
Posted on 3/30/20 at 12:05 am to Steadmans Cheddar
quote:
“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.”
If that's the case then why isn't the government on the order of the surgeon general forcefully isolating under lock and key those infected with the virus?
Posted on 3/30/20 at 12:31 am to davyjones
quote:
If that's the case then why isn't the government on the order of the surgeon general forcefully isolating under lock and key those infected with the virus?
“Is authorized” does not equal “shall”
However, there was some guy in KY that they basically had to do that to, if I’m not mistaken, cause he was positive and refused to stop going out in public (note: don’t fully know the details on that)
Posted on 3/30/20 at 12:33 am to Steadmans Cheddar
quote:
“Is authorized” does not equal “shall”
Of course. But if authorized, and it would drastically curb the spread (which it would), then it's malfeasance not to.
Posted on 3/30/20 at 12:42 am to davyjones
quote:
Of course. But if authorized, and it would drastically curb the spread (which it would), then it's malfeasance not to
I never purported to get into why or should; the original question was about legal authority, not the wisdom of policy decision making
Posted on 3/30/20 at 12:49 am to Steadmans Cheddar
I'll have to read the case. First impression on gut feeling alone, I'm very skeptical that the jurisprudence results in this type of extraordinary power of a surgeon general. Or perhaps more specifically, such power could be applied in blanket fashion, i.e. mere interstate travelers. Someone on an incoming corona flight out of Wuhan, China....perhaps yes some sort of emergency power might exist there.
Posted on 3/30/20 at 5:33 am to TigerOnTheMountain
quote:
You’re one of those that George Carlin talks about.
True sir, and funny.
You will leave the checkpoint, if you are a white male, scream racism, they will both have the same effect.
When will you people learn, "badges, BADGES, we don need no stinkin bacchheees".
The govt can do anything they want to you at any time. This virus has merely pulled back the curtain for everyone to see the wizard at work.
Posted on 3/30/20 at 5:37 am to Parmen
What about rental cars? Everytime that I have ever used one, the license plate is from another state (New York a couple of times). I could definitely see some idiot cop calling backup and trying to detain/quarantine a citizen of their own state because they're in a rental car with NY plates.
Posted on 3/30/20 at 7:31 am to Steadmans Cheddar
quote:In the case of DUI checkpoints the police aren't just stopping people from Louisiana or New York states though. There is precedence for DUI checkpoint, although I don't agree with them, but they stop and check everyone who passes through them.
Due process is a flexible concept that can mean different things in different situations. There is no need to have probable cause at DUI checkpoints, and yet you’re restrained. Because prior legislation is the due process.
Posted on 3/30/20 at 7:35 am 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.
Do you want to charge everyone that leaves the house with a communicable disease with homicide?
Do you understand how absurd that is?
Posted on 3/30/20 at 7:36 am to davyjones
quote:
I'll have to read the case. First impression on gut feeling alone, I'm very skeptical that the jurisprudence results in this type of extraordinary power of a surgeon general. Or perhaps more specifically, such power could be applied in blanket fashion, i.e. mere interstate travelers. Someone on an incoming corona flight out of Wuhan, China....perhaps yes some sort of emergency power might exist there.
The U.S. government can do quite a lot at the border including questioning and holding, especially if you are not a citizen.
What these States are trying to do is setup their own country, but they already gave up this part of their sovereignty.
quote:
This is why the south had it right. You are a citizen of the state you live in. First and foremost. frick everybody else.
No, they gave up this part of their sovereignty once they joined, if they didn't like the rules than they shouldn't have joined.
This post was edited on 3/30/20 at 7:37 am
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