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Originally posted by kidcop:
It's not unconstitutional until a competent court of record has heard arguments for and against a law and had a chance to evaluate witnesses and evidence.

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Originally posted by slosig:

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Originally posted by kidcop:
It's not unconstitutional until a competent court of record has heard arguments for and against a law and had a chance to evaluate witnesses and evidence.

That is not strictly correct. If a law is passed (or an executive order is issued) which is not constitutional, it is not constitutional from the get go. It is not *adjudicated* unconstitutional until it is adjudicated unconstitutional.

The very real challenge here is that an officer may find himself in a position where he is asked to enforce a law or order that he believes is unconstitutional. If the law or order has been ruled unconstitutional, he has no problem. If the law or order has not yet been ruled unconstitutional, the officer is in a spot I don’t envy.

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Originally posted by tleo205:
While our idiot governor has also decreed that there should be limits to number of people at a house for the holidays...there is no mechanism for enforcing it, or thankfully, citing anyone. Several of us have discussed it and are of the opinion that no local agencies around here would even send anyone out to answer these type calls from the "karens". But if so....go politely knock on the door and explain that one of their nosy neighbors called and then wish them a happy thanksgiving and leave.

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Originally posted by holdem:
The further we, this country, go down this lockdown rabbit hole, the more thankful I am for Florida and our governor, who not only said we are open, but put into place measures to prevent cities and counties from enacting their own restrictions or penalties.

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Originally posted by Lefty Sig:

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Originally posted by Sigmund:

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Originally posted by sooma:
Quarantining the sick, is good governance.
Quarantining the healthy, is tyranny.

We have a winner here. Why is EVERYONE restricted as if we're *Typhoid Mary???

* https://en.wikipedia.org/wiki/Mary_Mallon

Very succinct, but very correct.

In the history of public health in the US, precedents exist for compulsory vaccination of public school children, and quarantining of the sick. To my knowledge we have never:

- Placed restrictions on healthy people who do not have any symptoms.
- Tested people who do not have symptoms for purpose of quarantine.
- Let bureaucrats decide which businesses are essential and which are not.
- Closed schools despite no significant evidence of child-to-child, child-to-teacher, or child-to-parent transmission.
- Closed small businesses but allowed large businesses to remain open without any logical basis or data establishing the risk level.
- Closed outdoor parks and beaches.
- Closed places of worship.

There is a legistlated basis for vaccination and quarantine. Everything else that is "new" for COVID19 that has not been enacted into law by the state legislatures is overreach by the state executive branches.

Yes, during states of emergency, executives are given broad powers. Depending on existing legislation that establishes the Governor's authority during a state of emergency, some of these things may be "legal", but I am not aware if any of these emergency power laws have been subject to constitutional review. If this is the first time they have been activated, people might now have legal standing to challenge them.

President Trump could have done a hell of a lot during the national state of emergency, such as: enacting martial law, suspending various constitutional protections, activating military for domestic deployment, and more. He chose not to.

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Originally posted by Lefty Sig:
President Trump could have done a hell of a lot during the national state of emergency, such as: enacting martial law, suspending various constitutional protections, activating military for domestic deployment, and more. He chose not to.