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Martial Law.....

Talent312

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Perhaps they could use RPG guns to fire rolls of TP at curfew-violators.
.
 

MrockStar

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MrockStar, I'm the only living relative for my 86 year old aunt who lives in a low cost HUD senior complex in Plymouth MI, I dropped off food yesterday for her and we took precautions, I put the food down and then she came and grabbed it. Will the National Guard help someone that has no car and no way to go to the store?
Call/txt me i will help you.AL
 

Talent312

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I agree with this article from www.ccn.com ...

Stay-At-Home Orders Are Unconstitutional
[Generally, these orders prohibit people to gather in groups of 10 or more.]

The First Amendment to the Constitution guarantees “the right of the people peaceably to assemble.” The strict prohibition on any law abridging this right applies to state and local governments as well as Congress. Under the Incorporation Doctrine (which applies the Bill of Rights to states through case law via the 14th Amendment), the Supreme Court has fully incorporated the First Amendment guarantees to place these strictures on the states.

There are no exceptions for emergencies in the constitution. Guarantees are guarantees. In a 1990 paper entitled, “Emergency in the Constitutional Law of the United States,” University of Missouri School of Law professor, William B. Fisch wrote: "Neither the term 'emergency' nor any cognate of comparable generality appears in the text of the U.S. Constitution. The Constitution was intended to function in emergencies as well as in normal times, and therefore an emergency affords no excuse for deviating from its terms." Further, Fisch writes that there are three specific emergency power exceptions explicitly granted in the Constitution (in times of war and rebellion), “inviting the conclusion that the Framers intended no other exceptions to be recognized."...
 

Luanne

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I agree with this article from www.ccn.com ...

Stay-At-Home Orders Are Unconstitutional
[Generally, these orders prohibit people to gather in groups of 10 or more.]

The First Amendment to the Constitution guarantees “the right of the people peaceably to assemble.” The strict prohibition on any law abridging this right applies to state and local governments as well as Congress. Under the Incorporation Doctrine (which applies the Bill of Rights to states through case law via the 14th Amendment), the Supreme Court has fully incorporated the First Amendment guarantees to place these strictures on the states.

There are no exceptions for emergencies in the constitution. Guarantees are guarantees. In a 1990 paper entitled, “Emergency in the Constitutional Law of the United States,” University of Missouri School of Law professor, William B. Fisch wrote: "Neither the term 'emergency' nor any cognate of comparable generality appears in the text of the U.S. Constitution. The Constitution was intended to function in emergencies as well as in normal times, and therefore an emergency affords no excuse for deviating from its terms." Further, Fisch writes that there are three specific emergency power exceptions explicitly granted in the Constitution (in times of war and rebellion), “inviting the conclusion that the Framers intended no other exceptions to be recognized."...
I'd rather be safe and possibly help to not spread COVID-19 than be worrying about if the order was constitutional.
 

Brett

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I'd rather be safe and possibly help to not spread COVID-19 than be worrying about if the order was constitutional.
right, maybe the post was intended to help restaurants and other businesses of more than 10 people "assemble peaceably"
 
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CalGalTraveler

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I agree with this article from www.ccn.com ...

Stay-At-Home Orders Are Unconstitutional
[Generally, these orders prohibit people to gather in groups of 10 or more.]

The First Amendment to the Constitution guarantees “the right of the people peaceably to assemble.” The strict prohibition on any law abridging this right applies to state and local governments as well as Congress. Under the Incorporation Doctrine (which applies the Bill of Rights to states through case law via the 14th Amendment), the Supreme Court has fully incorporated the First Amendment guarantees to place these strictures on the states.

There are no exceptions for emergencies in the constitution. Guarantees are guarantees. In a 1990 paper entitled, “Emergency in the Constitutional Law of the United States,” University of Missouri School of Law professor, William B. Fisch wrote: "Neither the term 'emergency' nor any cognate of comparable generality appears in the text of the U.S. Constitution. The Constitution was intended to function in emergencies as well as in normal times, and therefore an emergency affords no excuse for deviating from its terms." Further, Fisch writes that there are three specific emergency power exceptions explicitly granted in the Constitution (in times of war and rebellion), “inviting the conclusion that the Framers intended no other exceptions to be recognized."...

Hmmm...somehow I don't think the framers of the constitution were considering drunken spring break parties in Florida as a right of peaceful assembly...

1585008530791.png
 
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dioxide45

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Hmmm...somehow I don't think the framers of the constitution were considering drunken spring break parties in Florida as a right of peaceful assembly...

View attachment 18200
Regardless if they did or didn't, it doesn't make them lawbreakers.

Additional actions I am seeing by a number of local authorities is disturbing. This past weekend people went out on boats and partied. So they shut down marinas and boat ramps. It seems that this disaster is giving people reason to exert control over other people's lives. The power seems to be getting to them...
 

CalGalTraveler

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@dioxide45 Are you saying it is okay if these teenagers (even some underage, and some publicly intoxicated which also breaks the law) have a right to pass around Covid and then fly back home and spread it to everyone else causing massive economic and health damage to their families and communities? I see shutting down a boat ramp no different than park rangers closing parks at night to keep teens from partying. However spreading this disease has much greater consequences.
 

dioxide45

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@dioxide45 Are you saying it is okay if these teenagers (even some underage who are breaking the law) have a right to pass around Covid and then fly back home and spread it to everyone else causing massive economic and health damage to their families and communities? I see shutting down a boat ramp no different than park rangers closing parks at night to keep teens from partying.
I am not saying it is okay and if they are underage and drinking then yes, they are breaking the law. However, just gathering is not breaking the law. Shutting down boat ramps during normal operating hours is definitely different than closing parks at night. We may not agree with their actions and they may be irresponsible, but we can't always police stupidity, nor should we. Lets not forget the underlying rights we all have in this country.
 

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I agree with this article from www.ccn.com ...

Stay-At-Home Orders Are Unconstitutional
[Generally, these orders prohibit people to gather in groups of 10 or more.]

The First Amendment to the Constitution guarantees “the right of the people peaceably to assemble.” The strict prohibition on any law abridging this right applies to state and local governments as well as Congress. Under the Incorporation Doctrine (which applies the Bill of Rights to states through case law via the 14th Amendment), the Supreme Court has fully incorporated the First Amendment guarantees to place these strictures on the states.

There are no exceptions for emergencies in the constitution. Guarantees are guarantees. In a 1990 paper entitled, “Emergency in the Constitutional Law of the United States,” University of Missouri School of Law professor, William B. Fisch wrote: "Neither the term 'emergency' nor any cognate of comparable generality appears in the text of the U.S. Constitution. The Constitution was intended to function in emergencies as well as in normal times, and therefore an emergency affords no excuse for deviating from its terms." Further, Fisch writes that there are three specific emergency power exceptions explicitly granted in the Constitution (in times of war and rebellion), “inviting the conclusion that the Framers intended no other exceptions to be recognized."...
The Constitution is NOT a suicide pact. Plus this is not martial law.
 
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CalGalTraveler

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Florida just put in travel restrictions: So they are keeping people out but sending these Covid kids back to infect other communities...

Miami Herald: DeSantis: NY lockdown started exodus by air. FL arrivals must isolate for 14 days.

Gov. Ron DeSantis will require anyone on a flight from the New York, New Jersey or Connecticut area to self-isolate for 14 days upon their arrival in Florida in an effort to control the spread of coronavirus, he announced late Monday.

 

dioxide45

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FYI...Florida just put in travel restrictions: So they are keeping everyone out but sending these Covid kids back to infect other communities...

Miami Herald: DeSantis: NY lockdown started exodus by air. FL arrivals must isolate for 14 days.

Gov. Ron DeSantis will require anyone on a flight from the New York, New Jersey or Connecticut area to self-isolate for 14 days upon their arrival in Florida in an effort to control the spread of coronavirus, he announced late Monday.

Seems like he is doing this to deter people from coming in from states that are locked down?

I am still not sure how they could consider breaking the quarantine criminal? What laws were broken, it looks like executive order, not a law passed by state legislature.
 

CalGalTraveler

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Seems like he is doing this to deter people from coming in from states that are locked down?

I am still not sure how they could consider breaking the quarantine criminal? What laws were broken, it looks like executive order, not a law passed by state legislature.
It's a strange law: a New Yorker can connect via Chicago (another locked down state) and not have to quarantine.
 

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Seems like he is doing this to deter people from coming in from states that are locked down?

I am still not sure how they could consider breaking the quarantine criminal? What laws were broken, it looks like executive order, not a law passed by state legislature.
If they violate self-quarntine and infect someone, that would be both a criminal and civil violation of the law.
 

Mongoose

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Seems like he is doing this to deter people from coming in from states that are locked down?

I am still not sure how they could consider breaking the quarantine criminal? What laws were broken, it looks like executive order, not a law passed by state legislature.
The issue is the mayor of NY told people to go about their lives as normal. Now they have an infection rate 500% higher than the average for large cities. This act is in response to his Negligence. FL has culpability for not closing the beaches. All those kids are going to fly home and spread it to those that are older, and potentially ill and will result in death.
 

CalGalTraveler

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If they violate self-quarntine and infect someone, that would be both a criminal and civil violation of the law.
I think infecting someone would be really difficult to prove unless someone lived in a bubble and this was the only person they came in contact with.

More likely is if they were stopped on a traffic ticket and it was found they were supposed to be under-self quarantine.
 

dioxide45

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The Constitution is NOT a sucicide pact. Get over it. Plus this is not martial law.
Nothing like simply trying to shut down discussion with bullying,
 

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I think infecting someone would be really difficult to prove unless someone lived in a bubble and this was the only person they came in contact with.

More likely is if they were stopped on a traffic ticket and it was found they were supposed to be under-self quarantine.
You would certainly have to prove intent. Italy just passed a law with a sentence of 21 years in prison related to this. In China there is a phenomenon where bad actors aree purposely trying to infect others by spreading their siliva on elevator buttons and other contact items.
 

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The issue is the mayor of NY told people to go about their lives as normal. Now they have an infection rate 500% higher than the average for large cities. This act is in response to his Negligence. FL has culpability for not closing the beaches. All those kids are going to fly home and spread it to those that are older, and potentially ill and will result in death.
Can you give me a date on when this NY mayor allegedly said this, and which city? NY negligence is an accusation too far, imo.

I don't think we can go by "infection rate" since most areas do not have testing. You cannot compare them to anywhere else.

Some of these states not closing down non-essential business have not had enough testing to really know when it would be warranted. Could have been 3 weeks ago. Could be 3 weeks from now. Nobody knows the true rate of infection, it is not possible to know here in USA.
 

geist1223

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There can be reasonable limitations placed upon a person's Constitutional Entitlements. Nothing is absolute. Even speech can have limitations. It is a balancing test. The Burden is on the Government to show why the limitation is reasonable.
 

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Can you give me a date on when this NY mayor allegedly said this, and which city? NY negligence is an accusation too far, imo.

I don't think we can go by "infection rate" since most areas do not have testing. You cannot compare them to anywhere else.

Some of these states not closing down non-essential business have not had enough testing to really know when it would be warranted. Could have been 3 weeks ago. Could be 3 weeks from now. Nobody knows the true rate of infection, it is not possible to know here in USA.
 

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March 13! You might want to update your intel.

Nowhere does it say "live your lives normally". Instead, the interrelated issues are listed, not that there is no threat.
 
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