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What gives the Gov of Alabama the power to mandate masks?

Posted on 7/15/20 at 8:16 pm
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64534 posts
Posted on 7/15/20 at 8:16 pm
Honest question here. I’m not a lawyer and this is not a troll. I’m genuinely curious about this. I want to know under what statute does the governor of a state, in this instance Alabama, the power to mandate we have to wear a mask whenever we leave our home?
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48939 posts
Posted on 7/15/20 at 8:18 pm to
She has the power to enact whatever. Whether it's legal is another question.

And the mask mandate is not legal.

I've yet to see an article about ANYONE being cited by any municipality over wearing a mask.
Posted by hogcard1964
Illinois
Member since Jan 2017
10415 posts
Posted on 7/15/20 at 8:18 pm to
Nobody has that power.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50424 posts
Posted on 7/15/20 at 8:18 pm to
Nothing gives her that authority.
Posted by jlovel7
Louisiana
Member since Aug 2014
21308 posts
Posted on 7/15/20 at 8:19 pm to
I have the same question for almost all the politicians doing this. I thought congress enacted laws and an executive signed them into existence and a court either upheld or overturned them.

Not any of this I decree bullshite
Posted by loogaroo
Welsh
Member since Dec 2005
30612 posts
Posted on 7/15/20 at 8:20 pm to
Same thing with picking business that are “essential “.
Posted by Undertow
Member since Sep 2016
7315 posts
Posted on 7/15/20 at 8:26 pm to
All absolutely correct. I said the same thing back in March when John Bel Edwards shut down the bars. What gives him the authority?

There has to be something in the state’s constitution expressing and limiting the governor’s power, right?
This post was edited on 7/15/20 at 8:29 pm
Posted by antibarner
Member since Oct 2009
23711 posts
Posted on 7/15/20 at 8:30 pm to
Alabama's AG has questioned the constitutionality of mask orders when it comes to municipalities.
Posted by ForeverGator
Elite 8 - 2020 Worst SECRant Poster
Member since Nov 2012
13007 posts
Posted on 7/15/20 at 8:45 pm to
quote:

And the mask mandate is not legal.


Really? And what law does it violate? Unless Alabama law strictly forbids the Governor from issuing Public Safety Executive Orders -- I assure you she's allowed.

It's Constitutional on the federal level as well. So I don't understand why people are calling it Unconstitutional -- clearly you've never taken a course on the Constitution.
Posted by Codythetiger
Arkansas
Member since Nov 2006
27577 posts
Posted on 7/15/20 at 8:47 pm to
The one where your people were rounding up black people and hanging them in trees
Posted by SpotCheckBilly
Member since May 2020
6450 posts
Posted on 7/15/20 at 8:49 pm to
There are some municipal laws in the state that ban the wearing of masks. These were directed at the klan, but in one case used recently against some antifa types.

The governor can say it and encourage business to require it, but she's really just encouraging people to comply.
Posted by loogaroo
Welsh
Member since Dec 2005
30612 posts
Posted on 7/15/20 at 8:50 pm to
No one can just arbitrarily choose what business can be open. People should be up in arms. I feel like we are in Cuba.
Posted by Crimsonians
Member since Nov 2019
1585 posts
Posted on 7/15/20 at 8:52 pm to
quote:


I've yet to see an article about ANYONE being cited by any municipality over wearing a mask


Might want to look up Key West, Florida.
Posted by Toomer Deplorable
Team Bitter Clinger
Member since May 2020
17696 posts
Posted on 7/15/20 at 8:55 pm to
Who are we to question the innate wisdom that comes with a long career in public service? Ivey has been eating at the public trough nearly her entire adult live.
Posted by Murph4HOF
A-T-L-A-N-T-A (that's where I stay)
Member since Sep 2019
11134 posts
Posted on 7/15/20 at 8:55 pm to
State mandated vaccinations have been ruled constitutional by SCOTUS (Jacobson v. Massachusetts), so I'm sure masks wouldn't be considered more intrusive than that.
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 7/15/20 at 8:59 pm to
If the state has the power to make you wear a motorcycle helmet, or they can make people cover their genitalia in public, they can make you wear a mask. There may be specific issues on a state by state basis as to whether the right steps were taken, and whether the right branch of government is acting, but generally the state has broad powers to regulate behavior in the name of public safety. Notice these only apply to people being in public, not in your house.
Posted by footswitch
New Market
Member since Apr 2015
3909 posts
Posted on 7/15/20 at 9:02 pm to
Not a damn thing.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64534 posts
Posted on 7/15/20 at 9:07 pm to
quote:

If the state has the power to make you wear a motorcycle helmet, or they can make people cover their genitalia in public, they can make you wear a mask. There may be specific issues on a state by state basis as to whether the right steps were taken, and whether the right branch of government is acting, but generally the state has broad powers to regulate behavior in the name of public safety. Notice these only apply to people being in public, not in your house.


So what you’re saying is the state can legally make you wear whatever it wants. For example, the state can say something like you must wear an identifying mark, maybe something like a yellow five pointed star sewn to your shirt for example, then it’s legal?
Posted by bamadontcare
Member since Jun 2013
2765 posts
Posted on 7/15/20 at 9:11 pm to
I’m not wearing a mask.

Period.
Posted by ForeverGator
Elite 8 - 2020 Worst SECRant Poster
Member since Nov 2012
13007 posts
Posted on 7/15/20 at 9:15 pm to
quote:

So what you’re saying is the state can legally make you wear whatever it wants. For example, the state can say something like you must wear an identifying mark, maybe something like a yellow five pointed star sewn to your shirt for example, then it’s legal?


Technically would have to pass the rational-basis test, which is a super low bar. Your example wouldn't, but if it would show to help public safety, it certainly would. Just needs a valid reason to pass that test -- again, what a reasonable person would believe. Many on here aren't reasonable though, so there's that.
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