Resist The Authoritarian Response To The Coronavirus (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 31, 2024, 12:50:17 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  Resist The Authoritarian Response To The Coronavirus (search mode)
Pages: [1]
Author Topic: Resist The Authoritarian Response To The Coronavirus  (Read 16383 times)
SteveRogers
duncan298
YaBB God
*****
Posts: 4,211


Political Matrix
E: -3.87, S: -5.04

« on: March 17, 2020, 02:02:43 AM »

While I certainly don’t agree with the hysterical attitudes of some in this thread, I do think that it’s fair to question the legality of some of the “orders” now being issued by state officials. While I believe it is currently in the best interest of public safety for everyone to voluntarily follow the recommendations of medical professionals to the best of their abilities, when those requests become demands then the government has a duty to be transparent about where its purported authority is coming from. The shelter-in-place order currently in effect in the Bay area appears to be on dubious legal ground at best. What happens if someone violates the order? Do they get arrested? Is there a crime on the books that they can actually be charged with? Anyone who tells you they know the answer to those questions is lying. This is uncharted territory. What if, hypothetically, something happens in the next month that requires protesting in groups of 50 or more? The potential legal ambiguity is a recipe for civil unrest that would make the current situation worse. If these measures need to become mandatory, then they need to be enacted through the proper democratic channels and NOT through individual officials inventing powers they don’t actually have.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,211


Political Matrix
E: -3.87, S: -5.04

« Reply #1 on: April 04, 2020, 03:08:48 PM »

Lawsuits Swell as Owners, From Gun Shops to Golf Courses, Demand to Open
Quote
Some of those suing their state governments seek redress for specific, local grievances, as with the golf course or in a similar suit in Pennsylvania being pursued by a company that says it is the country’s oldest manufacturer of orchestra-quality bells and chimes. Those lawsuits and one in Arizona are rooted in the Fifth Amendment, which requires due process and guarantees compensation for property seized by the government.

Other constitutional amendments have been invoked in several lawsuits in recent weeks attempting to force open gun stores, or to argue that measures to curb the virus should not outweigh rights like freedom of assembly and religion.

Americans arguing for the right to commit societal suicide by greed and mass murder by stupidity is so perfectly in character. As a nation, we worship at the altar of Mammon, sacrificing our selves and the lives of our fellow human beings.
As someone who understands the gravity of this situation and believes we do in fact need legally enforceable social distancing measures in place, I don’t think there’s anything necessarily immoral about challenging the legality of those measures that are likely unconstitutional. Thus, while I understand why executives at the municipal/county/statewide level needed to act quickly with bold executive orders, I think it is now incumbent on the state legislatures (and congress) to start crafting more carefully thought out fallback measures that would be on more Constitutionally firm ground. 
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.021 seconds with 12 queries.