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Upon what legal authority can governments enforce shelter...

Posted on 4/1/20 at 8:15 pm
Posted by DeltaDoc
The Delta
Member since Jan 2008
16089 posts
Posted on 4/1/20 at 8:15 pm
at home orders (my martial law thread derailed quickly through my own lack of clarity).

What legal authority does the government have to issue and enforce shelter at home?
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141632 posts
Posted on 4/1/20 at 8:16 pm to
Power proceeds from the barrel of a gun -- Mao Tse Tung
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 4/1/20 at 8:21 pm to
State of emergency or declaration of national emergency. Gives the authority to take reasonable measures. I’m okay with it, it’s not going to last forever. People that keep complaining about it are more aggravating.
Posted by abellsujr
New England
Member since Apr 2014
35253 posts
Posted on 4/1/20 at 8:21 pm to
Under a virus pandemic, they can. I saw a segment on Fox about it. They can do it without enforcing full blown Marshall Law.

However, the legal ramifications and public backlash that would proceed over enforcement far outweigh the benefits. Hence why the President has not done so.
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 4/1/20 at 8:23 pm to
Posted by MintBerry Crunch
Member since Nov 2010
4828 posts
Posted on 4/1/20 at 8:26 pm to
Police powers
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67635 posts
Posted on 4/1/20 at 8:27 pm to
quote:

Power proceeds from the barrel of a gun -- Mao Tse Tung


pretty much

it is outside of the authority granted under the Constitution

enforcement will be done by fear and intimidation

might makes right

the Republic is dead
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 4/1/20 at 8:27 pm to
quote:

Power proceeds from the barrel of a gun -- Mao Tse Tung


Indeed, and how many guns are in private hands vs govt hands?
Posted by tilco
Spanish Fort, AL
Member since Nov 2013
13470 posts
Posted on 4/1/20 at 8:27 pm to
quote:

. I’m okay with it, it’s not going to last forever.


How can you be so sure??? Everyday we get cancellations for shite throughout the entire summer.

This shite is continuing to trend towards a shutdown of our entire country for the rest of the year if not longer. I’ve have not seen anything that makes me think otherwise. We are done. Something huge is at play here.
Posted by Pecker
Rocky Top
Member since May 2015
16674 posts
Posted on 4/1/20 at 8:27 pm to
quote:

full blown Marshall Law
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141632 posts
Posted on 4/1/20 at 8:29 pm to
quote:

They can do it without enforcing full blown Marshall Law
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 4/1/20 at 8:33 pm to
Orange man wants to open this bitch tonight just like we do. But we can’t for a reason man, a good one. Chill out, have a beer and go rub one off. I have the virus, it hasn’t affected me much at all but the person who I got it from had double pneumonia from it and she isn’t old by any means.
Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10169 posts
Posted on 4/1/20 at 8:33 pm to
quote:

State of emergency or declaration of national emergency. Gives the authority to take reasonable measures. I’m okay with it, it’s not going to last forever.


quote:

Under a virus pandemic, they can. I saw a segment on Fox about it. They can do it without enforcing full blown Marshall Law.


No where in the Constitution does it say our rights are to be given up for a virus pandemic and anyone that say it does is full of shite.

quote:

People that keep complaining about it are more aggravating.


You mean people that are very concerned our constitution rights were taking away so easily and with out a fight?
This post was edited on 4/1/20 at 8:35 pm
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 4/1/20 at 8:37 pm to
LA29: 724 – Identifies the powers of the Governor for meeting the dangers to the State and people presented by emergencies or disasters, including declaring a state of emergency by executive order or proclamation. Some of the powers include, but are not limited to: issue, amend or rescind executive orders, proclamations and regulations that have the force and effect of law; activate the State’s emergency response plan and compel evacuations. (The Robert T. Stafford Disaster Relief and Emergency Assistance Act [Stafford Act] empowers the Governor to request an emergency or major declaration which allows Federal assistance in advance of or in response to a natural or man-made disaster.)

Would you like me to get the federal law as well?
This post was edited on 4/1/20 at 8:38 pm
Posted by auggie
Opelika, Alabama
Member since Aug 2013
27797 posts
Posted on 4/1/20 at 8:41 pm to
I don't know about you, but I don't have much interest in going anywhere right now. We are fine at home, and hopefully, we won't catch The China Bat Flu.
Posted by pizzathehut
west monroe
Member since Jul 2016
787 posts
Posted on 4/1/20 at 8:43 pm to
With their gun and their bombs..they are fighting
Posted by DeltaDoc
The Delta
Member since Jan 2008
16089 posts
Posted on 4/1/20 at 8:43 pm to
The Stafford Act does not mention any power to force shelter at home that I’m aware of, nor do any of the corresponding CFRs. I’d love to be proven wrong.

The emergency declaration of a state is the first step in getting federal assistance when or if the president determines it’s an emergency.

It allows deployment of federal resources.
Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10169 posts
Posted on 4/1/20 at 8:45 pm to
quote:

Would you like me to get the federal law as well?


Nah I got the US Constitution.

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 4/1/20 at 8:50 pm to
quote:

(The Robert T. Stafford Disaster Relief and Emergency Assistance Act [Stafford Act] empowers the Governor to request an emergency or major declaration which allows Federal assistance in advance of or in response to a natural or man-made disaster.)


Nothing of what you said as anything to do with the stafford act.

The governor is granted the power to do anything reasonable when a state of emergency is enacted.
Posted by cajunangelle
Member since Oct 2012
146498 posts
Posted on 4/1/20 at 8:51 pm to
glad you spelled martial law correct this time.
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