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Posted >1 y ago
Responses: 3
Good article by Vox. A few key takeaways...
1. 10th Amendment specifically gives power to states. Founders wanted states to still retain significant autonomy in US Constitution after Articles of Confederation failed. State governments are separate, not subordinate, to federal government
2. Federal government itself still has multiple branches with their own separation of powers. Although the executive branch (President) has major power, legislative (Congress) and judicial (courts) can still have say
1. 10th Amendment specifically gives power to states. Founders wanted states to still retain significant autonomy in US Constitution after Articles of Confederation failed. State governments are separate, not subordinate, to federal government
2. Federal government itself still has multiple branches with their own separation of powers. Although the executive branch (President) has major power, legislative (Congress) and judicial (courts) can still have say
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Cpl Alex Moore
For the most part I don't disagree, however, the first part of your summary is not entirely accurate. The states have independent autonomy in any specifically enumerated states right. If the right is specifically enumerated ad a federal right, all state laws are superceded. In the case where it is not enumerated, the Supreme Court has ruled that if there is a federal law it supercedes state law, but if there is none it falls to the state. If there are no laws, well that is a whole different topic. The CoVID-19 situation is one of those. None of the shutdowns are actual laws. I really don't know how that works.
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CW4 Guy Butler
Cpl Alex Moore States do have laws to enforce quarantines:
https://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx
There’s a table by state with with the applicable law referenced.
https://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx
There’s a table by state with with the applicable law referenced.
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Cpl Alex Moore
CW4 Guy Butler and though those laws may be on the books. They are not being used in these cases. The information even mentions that these are being done by executive orders. My state, California, is being done by orders from the Governor, not the laws mentioned. That is the problem. At some point, somebody is going to sue because the reality is Presidential and Governor orders are not laws. The Quarantining laws do not allow for the oppression of guaranteed Constitutional rights. Don't get me wrong, I follow the orders, it is common sense but Constitutionally this seems to have severe problems and the President, contrary to his assertions, does not have absolute power over the states. The states also do not have absolute power over the citizens.
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