Does an emergency declaration trump the constitution?

[Merlin99]

I’ve heard of at least three different abridgments of the constitution by local governments being passed, if not yet enforced.

1. 1st amendment, freedom of assembly. Not to gather in groups of 10 or more people.
2. 2nd amendment, keep and bear arms. Some jurisdictions are proposing confiscation of guns (New Orleans again) as well as closing down firearms sales for the duration of the emergency.
3. 21st amendment, repeal of prohibition. Closing down liquor stores for the duration of the emergency.

I’m sure there are more but they seem to like these the best

 

[SamSpade]

Gotta say, big opposition to #3. Two weeks at home with bored kids will drive ANYONE to drink.

 

[PsyOps]

I’ve heard of at least three different abridgments of the constitution by local governments being passed, if not yet enforced.

1. 1st amendment, freedom of assembly. Not to gather in groups of 10 or more people.
2. 2nd amendment, keep and bear arms. Some jurisdictions are proposing confiscation of guns (New Orleans again) as well as closing down firearms sales for the duration of the emergency.
3. 21st amendment, repeal of prohibition. Closing down liquor stores for the duration of the emergency.

I’m sure there are more but they seem to like these the best

I think #1 is mostly a suggestion. Certainly the gathering police aren't going to arrest people for having more than 10 in a gathering. Folks are pretty-much abiding by it.

I haven't heard of confiscation of guns. I have heard of banning the sale of new firearms during the crisis. In any event, it's a little scary to know banning sales can actually fly. I don't think the courts would allow it. But, knowing these politicians are using this crisis as a means to push their anti-gun agenda is just despicable. And, my thought is, once they have a ban on the books, they will try to keep it there.

Closing liquor stores? I'm not even sure what that has to do with this whole crisis. Just another power grab in my opinion.

 

[kom526]

I think #1 is mostly a suggestion. Certainly the gathering police aren't going to arrest people for having more than 10 in a gathering. Folks are pretty-much abiding by it.

I haven't heard of confiscation of guns. I have heard of banning the sale of new firearms during the crisis. In any event, it's a little scary to know banning sales can actually fly. I don't think the courts would allow it. But, knowing these politicians are using this crisis as a means to push their anti-gun agenda is just despicable. And, my thought is, once they have a ban on the books, they will try to keep it there.

Closing liquor stores? I'm not even sure what that has to do with this whole crisis. Just another power grab in my opinion.

#1 is most certainly against the law right now. It is a misdemeanor, $5000 fine and up to 1 year in jail.

 

[InigoMontoya]

I think #1 is mostly a suggestion. Certainly the gathering police aren't going to arrest people for having more than 10 in a gathering. Folks are pretty-much abiding by it.

I'm pretty sure, in Maryland at least, they said it's a misdemeanor and you can be fined for it. Did I hear that wrong?

 

[Bann]

Gotta say, big opposition to #3. Two weeks at home with bored kids will drive ANYONE to drink.

All kinds of restaurants that are doing carry out are also doing carry out alcohol.

 

[vraiblonde]

I think #1 is mostly a suggestion. Certainly the gathering police aren't going to arrest people for having more than 10 in a gathering.

Up to $5000 fine and 1 year in jail, babe. I asked that same question earlier and was shown the edict that our lovable tyrant Governor laid down. Others have said that cops are patrolling to make sure ain't nobody exercising their right to assemble.

Clearly our overlords can do whatever they please and there's nothing we can do about it. It's an emergency, doncha know. Just like incarcerating Japanese Americans during WWII.

 

[Merlin99]

The question still remains. Is there some provision in law that allows an emergency edict to suspend the constitution?

 

[Monello]

#1 is most certainly against the law right now. It is a misdemeanor, $5000 fine and up to 1 year in jail.

In close proximity to hundreds of other humans.

 

[Ken King]

2nd amendment, keep and bear arms. Some jurisdictions are proposing confiscation of guns (New Orleans again) as well as closing down firearms sales for the duration of the emergency.

Since every state and every municipality receives Federal funds I am pretty sure that any measure of confiscation would violate 42 USC 5207.

 

[TheRadargod]

Don't pass up the other First Amendment violation our government overlords are embracing... Just try to assemble at your favorite federally protected place of worship... No an emergency doesn't mean we suspend the Constitution. Or close the courts where we have the right to redress grievances.

 

[black dog]

In close proximity to hundreds of other humans.

Interesting that the bars and liquor stores are closed or hours cut and carry out only and the super stores cut night hours on there own and can fill the stores with customers. Out here Meiers, Payless, Kroger and other grocery stores sell beer / booze...

 

[Hijinx]

The rules made up by Governors and the President are definitely against the Contitution.
They are being allowed because a great majority of Americans are allowing them to happen due to fear and a hope that they will work in the short term. Basically a suspension of the Constitution allowed by the people for the good of all.

Americans will accept this for a short period of time, but will not allow it tobe carried on past that time.
When the fear and a reasonable time has passed they will once again demand their Constitutional rights.

 

[vraiblonde]

Americans will accept this for a short period of time, but will not allow it tobe carried on past that time.
When the fear and a reasonable time has passed they will once again demand their Constitutional rights.

Think so?

Throughout history - and I know I can have a satisfying conversation with you about this because you actually have an education, unlike some - people have not only allowed themselves to be subjugated, but clamored for it and begged for the chains. The Italians; the Germans; the Russians; the Venezuelans; the Mexicans; the US during WWII.

Trying to speak facts and logic to people makes them even more hysterical. They don't want to be calmed. It also demonstrates the power of the media to manipulate We the Sheeple. In fact a faction of the media is demanding networks silence President Trump's attempts to calm us and reassure us.

I hope I'm wrong, but I wouldn't count on us ever getting back to the way things were just 2 short weeks ago.

 

[Hijinx]

Think so?

Throughout history - and I know I can have a satisfying conversation with you about this because you actually have an education, unlike some - people have not only allowed themselves to be subjugated, but clamored for it and begged for the chains. The Italians; the Germans; the Russians; the Venezuelans; the Mexicans; the US during WWII.

Trying to speak facts and logic to people makes them even more hysterical. They don't want to be calmed. It also demonstrates the power of the media to manipulate We the Sheeple. In fact a faction of the media is demanding networks silence President Trump's attempts to calm us and reassure us.

I hope I'm wrong, but I wouldn't count on us ever getting back to the way things were just 2 short weeks ago.

I don't agree. The American people are born into freedom, and we love our liberties.
I know a lot of people in America, and it seems to be the younger generation, are in to Socialism as represented by those willing to vote for a Socialist (Who I shall not name) but I believe they are in the minority.
I believe when this scare (or actual pandemic) is over we shall go back to where we were and IMO those who are paying attention to demonstrable actions and not the Media scare tactics will be voting to keep Donald Trump for another 4 years.

Now the economy is going to take a while to get back in gear, perhaps a year or so, perhaps more.and the debt is going to be terrible.
Unemployment will increase, because some of the business's that are marginal are going to fold.
But when I see Sears Roebuck folding up , not only some of the marginal ones will fold, but others will eventually take their place.
IMO internet buying put Sear into trouble, not the economy.

Just as food for thought-------Tightening up on firearms laws and allowing illegals sanctuary, and Obamacare, and Antifa, has brought many into thinking of militia's, and many on both sides have spoken about revolution. Something that was unthinkable during a good economic situation, may not seem so unthinkable if enough people believe their freedoms and well being are being threatened with a situation such as in Venezuela.
I believe in time things will be retored to some semblance of what it was. I don't fear for a free America.

 

[GURPS]

Well one thing has changed suddenly people need guns in California ...

 

[vraiblonde]

I believe in time things will be retored to some semblance of what it was. I don't fear for a free America.

We'll see. I think most Americans are in denial as to how bad this really is - not the virus, but the government reaction to it.

 

[GWguy]

We'll see. I think most Americans are in denial as to how bad this really is - not the virus, but the government reaction to it.

Not in denial, but surprised at the steps they are taking. Should never have gotten to this point.

 

[vraiblonde]

Not in denial, but surprised at the steps they are taking. Should never have gotten to this point.

But we're all gonna die if they don't. Haven't you heard?

It's going to kill off all the old people...no, wait, the young people.

Bodies are piling up - 3 so far in Maryland.

People WANT the government to do something to protect us.

 

[Hijinx]

But we're all gonna die if they don't. Haven't you heard?

It's going to kill off all the old people...no, wait, the young people.

Bodies are piling up - 3 so far in Maryland.

People WANT the government to do something to protect us.

For what it is worth I feel that the things that have been done so far are pretty much the fault of the media and the Democrats.
The Media has gone overboard with their fear mongering, and the Democrats are pushing them to go even farther.

I spoke to a lady today who said she thought Hogan was doing a good job---so much better than Trump.
I asked her what else she would have Trump do---I got no answer.
That TDS is worse than the Corona Virus it kills the brain and leaves the body.