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Question regarding SIP (shelter in place)

b2bailey

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Please don't be critical, or make it political.

I, for one, have been in favor of letting SIP decisions be made by the appropriate local governing body. (Be it a council or human).

So now I am wondering whether a Federal motion (action) can overturn what is currently in place. Can't think of any precedent.
 

Luanne

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Please don't be critical, or make it political.

I, for one, have been in favor of letting SIP decisions be made by the appropriate local governing body. (Be it a council or human).

So now I am wondering whether a Federal motion (action) can overturn what is currently in place. Can't think of any precedent.
Are you wondering if "the Federal Government" wants to get people back to working sooner than the states, counties, or cities have mandated, can that be done? I hope not.
 

dioxide45

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I do think that SIP really should be left up to the local authorities, they have the best understanding of what is going on in their local communities. The Florida governor pointed out in a press conference that SIP in New York caused more problems in Florida because people fled New York for Florida. States should also be able to manage who is coming and going. Florida is requiring people arriving from certain states to maintain a 14 day self isolation upon arrival. This is more to dissuade people from leaving the SIP locations since they would just have SIP upon arrival in Florida for 14 days.

If there is a local ordinance that indicates SIP, then I don't think a federal or even state back to work mandate can override that, but again I am not a constitutional scholar.
 

WVBaker

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The president has limited authority over what states are doing to put the brakes on the coronavirus and to “flatten the curve” of infections. He can’t easily roll back emergency orders from states that closed businesses and in some areas ordered people to shelter in place.

Governors and state public health officials get the authority to declare an emergency from their state constitutions.

“These rules, these orders have mostly been issued by governors,” said James Nash, spokesman for the National Governors Association. “They and they alone would have the authority to relax those orders.”

 

b2bailey

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The president has limited authority over what states are doing to put the brakes on the coronavirus and to “flatten the curve” of infections. He can’t easily roll back emergency orders from states that closed businesses and in some areas ordered people to shelter in place.

Governors and state public health officials get the authority to declare an emergency from their state constitutions.

“These rules, these orders have mostly been issued by governors,” said James Nash, spokesman for the National Governors Association. “They and they alone would have the authority to relax those orders.”

This is what I was looking for.
 

HitchHiker71

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The president has limited authority over what states are doing to put the brakes on the coronavirus and to “flatten the curve” of infections. He can’t easily roll back emergency orders from states that closed businesses and in some areas ordered people to shelter in place.

Governors and state public health officials get the authority to declare an emergency from their state constitutions.

“These rules, these orders have mostly been issued by governors,” said James Nash, spokesman for the National Governors Association. “They and they alone would have the authority to relax those orders.”

I generally agree with the above post. The answer I believe revolves around the interpretation of the tenth amendment:

Tenth Amendment
Main article: Tenth Amendment to the United States Constitution
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.[93]

The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all matters not specifically granted to the federal government.[117]

Congress has sometimes circumvented the Tenth Amendment by invoking the Commerce Clause in Article One[118] or by threatening to withhold funding for a federal program from noncooperative States, as in South Dakota v. Dole (1987).
The trick would be how, if at all, the Commerce Clause could be leveraged federally. While I doubt the president would attempt to override the states, we are in somewhat uncharted waters and stranger things have happened. It’s possible an argument could be made that the emergency orders in force are forcibly preventing interstate commerce from occurring - which on its face would be true. If that were to occur - this would quickly end up before the Supreme Court for adjudication IMHO. I suspect that in a state of emergency - the courts would defer to the state and local governments (and to the people), were it to go this far.


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geekette

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I think we could have staved off many infections by uniformity among states. But more importantly, testing. These officials are mostly flying blind. Nobody believes a blizzard is coming until the flakes start falling. And then keep falling.

Not sure uniformity would have mattered, as Americans have by and large not stayed home, no matter what you call the order, which is really an ask. When they have not stayed home, they haven't avoided other humans. Grocery stores replaced cruise ships as easy contact points by volume.
 

davidvel

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I generally agree with the above post. The answer I believe revolves around the interpretation of the tenth amendment:



The trick would be how, if at all, the Commerce Clause could be leveraged federally. While I doubt the president would attempt to override the states, we are in somewhat uncharted waters and stranger things have happened. It’s possible an argument could be made that the emergency orders in force are forcibly preventing interstate commerce from occurring - which on its face would be true. If that were to occur - this would quickly end up before the Supreme Court for adjudication IMHO. I suspect that in a state of emergency - the courts would defer to the state and local governments (and to the people), were it to go this far.


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The Court has broadly expanded this limitation on the federal government, making the commerce clause a bit of a joke. Read Wickard v. Filburn.
 

pedro47

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However, the Commander in Chief in Washington, DC, is the spoke person for the United States. His words carry a lots of power.

The words of President‘s FDR and John F. Kennedy will live on for eternity.IMHO
 

PigsDad

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The governor of Mississippi [himself in quarantine because of a trip to Spain] refuses to issue an order to shelter in place. He has issued an order limiting mobility, but has insisted his order can't be amplified by localities, and has countermanded stricter orders put in place by local authorities.
Remind me again -- where does Mississippi rank in education in the US? Does anyone else see this correlation of the Southern states and their lack of taking this seriously?

Kurt
 

Rolltydr

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Well,I see my state is on the list. Justifiably, and shamefully, so. Our governor has been MIA for about a month now. She seems to be self-isolating to protect herself since she is in the high risk group. Good decision and not faulting her for it. However, she frequently issues statements parroting the “we need to get back to work” crowd. Bad decision! A local writer penned a column earlier this week that stated she shouldn’t be able to order anyone back to work at least until her and the legislature go back to work. The legislature has delayed reconvening until at least April 28th. Why would they put others at risk but not themselves?
 

b2bailey

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However, the Commander in Chief in Washington, DC, is the spoke person for the United States. His words carry a lots of power.

The words of President‘s FDR and John F. Kennedy will live on for eternity.IMHO
Reflecting for a moment about significant quotes from past presidents, and it reminded me of a spot in San Diego where there are quotes attributed to Martin Luther King, Jr. I was too young to care back when he was alive, but the older me was very impressed.

Sadly, the one that comes to mind for Bill Clinton starts with "I did not have..."
 
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