All she had o do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..
You’re the poster child for the ankle grabbers.
I didn't make the rules the Governor did along with the cities.......Beef it up with them...
I didn't see any rules on the ballot. I would have voted 'no.'
What ballot is that?
The ballot last November on voting day. Nothing about arresting people for working at their job.
Did you vote for a disaster to be declared? I didn't think so. Unless you can foretell the future. It's not what I would have done yet that is what those in charge did, so next time you don't vote for them.
Declaring a disaster is to that one can apply for federal disaster relief funds, and can not in any way violate basic right for no reason.
A governor is NOT a source of any authority, and can only act when necessary in order to defend the rights of other.
Which is NOT the case her.
Jailing the hair dresser served the rights of no one, so then clearly is totally illegal.
Again yes they can...
www.law.cornell.edu
The authority of the state to enact this statute is to be referred to what is commonly called the police power,—a power which the state did not surrender when becoming a member of the Union under the Constitution. Although this court has refrained frained from any attempt to define the limits of that power, yet it has distinctly recognized the authority of a state to enact quarantine laws and 'health laws of every description;' indeed, all laws that relate to matters completely within its territory and which do not by their necessary operation affect the people of other states. According to settled principles, the police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety
I disagree.
The state originally were empowered by royal decree, and this was vacated by joining the Union.
The Bill of Rights became supreme, which has since been recognized as putting individual rights over any state or federal authority.
The ONLY way any governing body or executive then gains the use of any authority is by borrowing it from the individuals whose rights it is protecting.
In your particular ruling it was about enforcing vaccinations to prevent smallpox deaths.
But the reality is that you do not need or want 100% vaccination.
All you need or want is herd immunity, which for smallpox is about 85% of the population.
Since some do die from vaccinations, then if you enforce 100% vaccination rates, you will be guilty of murder, deliberately causing some deaths for no reason at all.
So then the legislature had exceeded its authority, which did not come from the state existing before joining the union, but from the rights of the individual it was acting for.
The only time rights of any individual can be violated is when it conflicts with rights of a greater number of people.
And it did not.
Clearly there are many people who should NOT get any vaccination, such as those with compromised immune systems.
Forcing them to be vaccinated could kill them, for no reason, since herd immunity is satisfied with only around 85%.