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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 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 on 7/15/20 at 8:18 pm to Darth_Vader
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.
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 on 7/15/20 at 8:18 pm to Darth_Vader
Nothing gives her that authority.
Posted on 7/15/20 at 8:19 pm to Darth_Vader
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
Not any of this I decree bullshite
Posted on 7/15/20 at 8:20 pm to jlovel7
Same thing with picking business that are “essential “.
Posted on 7/15/20 at 8:26 pm to loogaroo
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?
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 on 7/15/20 at 8:30 pm to Undertow
Alabama's AG has questioned the constitutionality of mask orders when it comes to municipalities.
Posted on 7/15/20 at 8:45 pm to HailToTheChiz
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 on 7/15/20 at 8:47 pm to ForeverGator
The one where your people were rounding up black people and hanging them in trees
Posted on 7/15/20 at 8:49 pm to Codythetiger
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.
The governor can say it and encourage business to require it, but she's really just encouraging people to comply.
Posted on 7/15/20 at 8:50 pm to Undertow
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 on 7/15/20 at 8:52 pm to HailToTheChiz
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 on 7/15/20 at 8:55 pm to Darth_Vader
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 on 7/15/20 at 8:55 pm to Darth_Vader
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 on 7/15/20 at 8:59 pm to Darth_Vader
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 on 7/15/20 at 9:07 pm to Steadmans Cheddar
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 on 7/15/20 at 9:11 pm to Darth_Vader
I’m not wearing a mask.
Period.
Period.
Posted on 7/15/20 at 9:15 pm to Darth_Vader
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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