Grace Is Stoked
Gold Member
- Jan 23, 2019
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The Constitution left disasters and emergencies like epidemics to the states. The states enacted emergency orders based on their state laws. No emergency orders have been knocked down by the courts except Wisconsin, because the orders were made by an unelected official -- DHS. A poorly crafted emergency order in one other state that allowed 50 people to congregate and allowed retail stores to reopen but kept churches closed also got shot down. The Church order ONLY because you have to be consistent.The law of the land of the land is the constitution and state laws shit all over itFollowing the law is not "hiding under the bed." So sorry it disrupts your plans. LIVE WITH IT.The pandemic will continue to thrive, benefiting from the ignorance and stupidity of far too many Americans.
The pandemic will continue to thrive no matter how many of you hide under bed because there is no vaccine and no cure. Most people appear to be contracting it at home while sheltering in place. So much for that idea
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Coronavirus News: New hospitalizations confound expectations in New York state
Most of the new cases of coronavirus coming into hospitals in New York state are people who are older, not working and predominantly at home, Governor Andrew Cuomo said on Wednesday.abc7ny.com
Next?
Temporary orders during a disaster are authorized by state legislatures. In Wisconsin, the legislature revoked that authority, which ANY other state could have done if they chose.
So NO TN. The states aren't shitting all over you. None of your rights have been violated. Hundreds of people are gathering to protest in states all over the place. Obviously people are loudly speaking their minds. Churches are either reopening or conducting business on line. No one came and took your guns. Your legal rights are still in place. The ONLY hope you've got that any of this is unconstitutional is if the Court finds that the state government did not have a good reason for enacting the orders. And at this point, I don't see that happening. Most people realize what this Virus is about.
That's not entirely accurate though. From what i've studied on this sort of topic states can't create laws or issue orders that in effect nullify our rights listed in the Bill of Rights. States are granted the ability to enact legislation that isn't listed in the constitution through the 10 amendment but those laws again can't nullify our rights as Americans or supersede natural rights. The 9th amendment also ensures that rights not listed in the constitution belong to the people and not the government and so they can't just suspend all other rights just because they aren't listed and because of a pandemic. Also don't forget that states have their own constitutions as well and so there are violations happening within those as well around the country in my opinion.
When a governor gives an order that violates those rights, such as banning assembly, speech, protests, religious gatherings, etc, they are not only violating their own oath of office and the US constitution and possibly their own state constitution but also violating the guarantee clause of the US constitution which basically mandates that states have a republican form of government with equal checks and balances on power just like the federal government has. Many of these governors are getting excess powers that were technically not even granted to them by their own state legislatures, which the legislature can't grant anyway to the executive since it would lead to one branch having more power than the other. There are constitutional issues on all levels right now in my opinion from Trump down to city council members.