Is all of this even legal??

limblips

Well-Known Member
PREMO Member
I am not a legal scholar but I do wonder if everything that is being done in the name of social distancing and flattening the curve is really legal. Road blocks on interstates, orders to stay off PUBLIC property by governors, small business like hair and nail salons being shuttered and a host of others twhat appear to be "Well I did something" mentality.
 

vraiblonde

Board Mommy
PREMO Member
Patron
I am not a legal scholar but I do wonder if everything that is being done in the name of social distancing and flattening the curve is really legal. Road blocks on interstates, orders to stay off PUBLIC property by governors, small business like hair and nail salons being shuttered and a host of others twhat appear to be "Well I did something" mentality.

Legal schmegal. I think government has proven that they can do whatever they please and we'll just bend over and take it.
 

Scootboot

Well-Known Member
US Population 331,002,651 Coronavirus cases 160,813. That means 330,841,838 aren't infected. Maryland 6,083,116 Maryland cases 1413 means 6,081,703 not infected. There is going to be a point the 330M start pushing back.
 

Yooper

Up. Identified. Lase. Fire. On the way.
This may be of interest:

Speaks mostly about California, but does address other states (and makes a broad observation about who the governors are). I have no idea, re: its legal accuracy, but it is interesting.

--- End of line (MCP)
 

Toxick

Splat
I am not a legal scholar but I do wonder if everything that is being done in the name of social distancing and flattening the curve is really legal.

Does it matter?


The government is currently in the process of flexing this particular muscle for the first time.

And in the same of safety and comfort, we, as a nation, are going.... "OOOhhh… can I touch your muscle daddy, and that little throbbing vein on it?"
 

vraiblonde

Board Mommy
PREMO Member
Patron
US Population 331,002,651 Coronavirus cases 160,813. That means 330,841,838 aren't infected. Maryland 6,083,116 Maryland cases 1413 means 6,081,703 not infected. There is going to be a point the 330M start pushing back.

Is there? Because all I'm seeing are cowards groveling in fear and turning on their friends.

In fact, let me pull a quote:

Y'all on this power trip fighting the state, please shut up already.

That seems to be the prevailing attitude.
 

Yooper

Up. Identified. Lase. Fire. On the way.
Another post that only tangentially addresses the OP.

Here's a link to the inestimable Andrew McCarthy on the legality of an interstate quarantine. Does not address the "shelter in place"/"lockdown" issue, but does seem to reinforce that while there are laws in place how they can be applied (etc.) is not entirely clear:

--- End of line (MCP)
 
Another post that only tangentially addresses the OP.

Here's a link to the inestimable Andrew McCarthy on the legality of an interstate quarantine. Does not address the "shelter in place"/"lockdown" issue, but does seem to reinforce that while there are laws in place how they can be applied (etc.) is not entirely clear:

--- End of line (MCP)
Maybe I'm mistaken, but Trump hasn't issued shelter in place directives. The governors of the individual states are doing that. And the states are restricting border travel.

Because all I'm seeing are cowards groveling in fear
You're mistaking cowardice for cautious.
 

Ken King

A little rusty but not crusty
PREMO Member
Of course it is legal. We the people gave those that govern us the authority to make the laws over us.

In Maryland, for instance, Article 32 of the Maryland Declaration of Rights, states "That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law." So, what does the state do? They (the Legislature) empowers the Governor with the ability to declare a State of Emergency whereby he can put martial law in place without calling it that.
 

Scat

Well-Known Member
Of course it is legal. We the people gave those that govern us the authority to make the laws over us.

In Maryland, for instance, Article 32 of the Maryland Declaration of Rights, states "That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law." So, what does the state do? They (the Legislature) empowers the Governor with the ability to declare a State of Emergency whereby he can put martial law in place without calling it that.
Then perhaps you would like to start redress under Article 6?
 

Hijinx

Well-Known Member
People are letting this go in the short term,because they believe it is the best thing to do to contain this virus.
But in the long term it aint going to work.

Give it a month or 2 and people will start disobeying the restrictions and the restrictions will stop or the S will htf
 

Chris0nllyn

Well-Known Member
Turkey season starts in like 3 weeks. Doesn't get any more distant than sitting in the woods. Hopefully DNR doesn't change anything regarding hunting.
 

LightRoasted

If I may ...
If I may ...

Of course it is legal. We the people gave those that govern us the authority to make the laws over us.

In Maryland, for instance, Article 32 of the Maryland Declaration of Rights, states "That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law." So, what does the state do? They (the Legislature) empowers the Governor with the ability to declare a State of Emergency whereby he can put martial law in place without calling it that.
Well that's good. Because everyone knows, that knows history, and the US Constitution, that every able bodied man, (and woman if you so choose), is a militiaman, and therefore a member of the militia. That means that none of what the State of Maryland decrees, will apply to the people.

“I ask you sir, who are the militia? They consist now of the whole people.” ~ George Mason

And is codified into US Law:
10 U.S. Code § 246.Militia: composition and classes
(a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b)The classes of the militia are—
(1)the organized militia, which consists of the National Guard and the Naval Militia; and
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

By the way. No, it is not legal. But by acquiescence, by giving consent, and blindly following edicts of government, and giving up one's freedoms and liberty, one empowers government to do as it will. If more people were to actually understand what freedom and liberty are, they would stand and ignore these edicts and decrees.

Now, think about this. The CDC issues, "guidance", for some arbitrary 6 foot distance limitation between people. And now? If you violate that "6 foot guidance" in some places, maybe nearly all places, you can now be arrested, or fined? Over some arbitrary guidance BS? Show me the law passed by any legislature giving an elected person the power to authorize such a thing.

A free people ignore unauthorized illegal edicts, decrees.
 

Yooper

Up. Identified. Lase. Fire. On the way.
My sense is that, citing a public health emergency and applying the relevant laws, what's going on IS legal. For the time being. Am I absolutely certain that "the time being" won't be extended past the emergency? Nope. But I guess we'll see. For now, though, I am okay with what's going on.

--- End of line (MCP)
 

Ken King

A little rusty but not crusty
PREMO Member
Show me the law passed by any legislature giving an elected person the power to authorize such a thing.
Pretty much every state has emergency declaration laws (no, I am not going to check for sure). You can check for yourself, but you will find the authority for Maryland's Governor under Maryland Code, Public Safety, Section 14-303.
 
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