davidsf
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Post by davidsf on Apr 25, 2020 11:30:54 GMT -8
Anyone read the U.S. Code lately?now, someone help me understand how this isn’t EXACTLY what some of our governors and local elected (or otherwise) officials have been doing the last month or so...
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Credo
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Post by Credo on Apr 26, 2020 14:34:54 GMT -8
I'm sorry but I'm losing some respect for the law enforcement officers involved in this tyranny. "Just following orders" is not good enough.
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MDDad
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Post by MDDad on Apr 26, 2020 21:28:42 GMT -8
Wow, both of those cops look like they should maybe forego Dunkin' Donuts for a couple months. In fact, a little diarrhea might do them some good.
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davidsf
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Post by davidsf on Apr 27, 2020 5:01:17 GMT -8
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SK80
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Post by SK80 on Apr 27, 2020 6:14:15 GMT -8
while it is shutting down, men in uniforms are in a put in a position to even shoot down your livelihood.
is shutting down our cvili liberty even remotely allowed Mr. Barr...?
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Bick
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Post by Bick on Apr 27, 2020 7:20:48 GMT -8
County health officers have legal, and I believe constitutional, authority to close public venues by virtue of states' rights. I don't think the governor does per se, but the county health officials acted upon the recommendation.
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Credo
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Post by Credo on Apr 27, 2020 7:21:08 GMT -8
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thefrog
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Post by thefrog on Apr 27, 2020 7:44:30 GMT -8
I figured California would weaponize it’s economy to get something out of the Federal government, even if that means we all suffer as a result. Pretty sickening
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davidsf
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Post by davidsf on Apr 27, 2020 7:48:05 GMT -8
County health officers have legal, and I believe constitutional, authority to close public venues by virtue of states' rights. I don't think the governor does per se, but the county health officials acted upon the recommendation. The question at the ... Barr ... is where the line is drawn between “the public good” and “constitutional rights.” absent a declaration of Martial Law (which, to date in this “emergency,” has not been declared), NO authority is granted to any person or body to curtail our Civil Liberties. They can close public venues like the Federal Building or city hall (etc) but they cannot constrain our free asssociation, freedom of speech, or our free trade (etc). by those inclined to file lawsuits, one such is in process against our Governor, this is being labeled “fake” or “non-“ martial law. |
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Bick
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Post by Bick on Apr 27, 2020 8:00:06 GMT -8
If a county health officer closes a restaurant in the interest of public safety, as they do every week, it constrains its free trade and association. I don't think your argument that it violates our civil rights holds water, counselor.
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davidsf
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Post by davidsf on Apr 27, 2020 8:02:29 GMT -8
If a county health officer closes a restaurant in the interest of public safety, as they do every week, it constrains its free trade and association. I don't think your argument that it violates our civil rights holds water, counselor. I don’t accept your equivalency: Mass closings of businesses by, in most cases, one person (typically, the governor) is not the same thing as a health department closing a restaurant because of a roach infestation (or etc). |
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Bick
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Post by Bick on Apr 27, 2020 8:16:00 GMT -8
If a county health officer closes a restaurant in the interest of public safety, as they do every week, it constrains its free trade and association. I don't think your argument that it violates our civil rights holds water, counselor. I don’t accept your equivalency: Mass closings of businesses by, in most cases, one person (typically, the governor) is not the same thing as a health department closing a restaurant because of a roach infestation (or etc). We'll have to agree to disagree on this. If the belief is the public safety is in danger, they have both the right and obligation to take necessary steps to protect the public welfare. In that regard, it's no different than closing a restaurant because of a sewage spill. Also, I believe it's the local health departments that are the final say, and not the governor, as widely believed. I could be wrong on this regarding other states, but it wasn't until the local health department mandated action that I was required to comply. What IS fair, however, is the argument the local health department overreacted to faulty information, and continues to operate under those improper assumptions. They can and should be held to account for this error in judgement. But that's a civil matter, and not a constitutional one. |
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davidsf
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Post by davidsf on Apr 27, 2020 8:49:27 GMT -8
I don’t accept your equivalency: Mass closings of businesses by, in most cases, one person (typically, the governor) is not the same thing as a health department closing a restaurant because of a roach infestation (or etc). We'll have to agree to disagree on this. If the belief is the public safety is in danger, they have both the right and obligation to take necessary steps to protect the public welfare. In that regard, it's no different than closing a restaurant because of a sewage spill. Also, I believe it's the local health departments that are the final say, and not the governor, as widely believed. I could be wrong on this regarding other states, but it wasn't until the local health department mandated action that I was required to comply. What IS fair, however, is the argument the local health department overreacted to faulty information, and continues to operate under those improper assumptions. They can and should be held to account for this error in judgement. But that's a civil matter, and not a constitutional one. I cannot speak for California, but in Illinois, the Illinois Emergency Management Agency Act of the 1970’s specifically state the Governor is the lone arbiter of “the rules.” It also specifically lists some of the new power he has to be halting all gun sales, alcohol and gasoline sales, and publ8c gatherings... the Act has not been used until now other than localized emergencies after, say, a tornado so none of those new powers have ever been exercised until now. Now that they have been, there are lawsuits in the offing. you might believe a health department closing a restaurant is the same thing, but you still cannot show me where it is stated a declared emergency (that is NOT a declaration of Martial Law) gives anyone the authority to reject, curtail, or abridge our Constitutional rights. |
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thefrog
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Post by thefrog on Apr 27, 2020 9:14:33 GMT -8
Constitutional right to what?
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davidsf
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Post by davidsf on Apr 27, 2020 10:00:56 GMT -8
Freedom of association, free trade with businesses, search and seizure without due process (in the case of drone surveillance), freedom of religion (or the free expression thereof), to name a few.
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