Gubernatorial Decrees and the Fifth Amendment

DGS49

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Governor Wolf of Pennsylvania has decreed that all non-essential businesses within the State must close pending his approval to re-open. And he listed many examples of non-essentials like restaurants, bars, gyms, bowling alleys, etc.

The Fifth Amendment of the U.S. Constitution (imposed on the States by the 14th), states that "No person shall...be deprived of life, liberty, or property, without due process of law..."

If I am, for example, the owner of a golf course, this decree deprives me of the right to earn a living, essentially making my PROPERTY, i.e., the golf course, worthless during the pendency of the decree. This is analogous to a new zoning law that makes undeveloped property un-buildable, which has been held to be a "property" right under the Fifth Amendment. As for my golf course, it is worse than worthless, in fact, because it still requires costly maintenance regardless of whether any paying customers are using it.

"Due process," is a rather elusive term, but it manifestly requires that before the State may take my "property," I must have a hearing before some judicial or quasi-judicial official, and have an opportunity to plead my case under the law.

Is the Governor's decree unconstitutional?
 

rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
 

rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can we count on government employees to not get paid while the private sector is closed?
Who do you think is leading the charge against Coronavirus?

Those worthless government employees
 

Mac-7

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can we count on government employees to not get paid while the private sector is closed?
Who do you think is leading the charge against Coronavirus?

Those worthless government employees
Only a few government workers are fighting the commie virus

teachers for instance

but if government is going to deny private citizens the right to work it should share the pain by denying itself also
 

miketx

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Governor Wolf of Pennsylvania has decreed that all non-essential businesses within the State must close pending his approval to re-open. And he listed many examples of non-essentials like restaurants, bars, gyms, bowling alleys, etc.

The Fifth Amendment of the U.S. Constitution (imposed on the States by the 14th), states that "No person shall...be deprived of life, liberty, or property, without due process of law..."

If I am, for example, the owner of a golf course, this decree deprives me of the right to earn a living, essentially making my PROPERTY, i.e., the golf course, worthless during the pendency of the decree. This is analogous to a new zoning law that makes undeveloped property un-buildable, which has been held to be a "property" right under the Fifth Amendment. As for my golf course, it is worse than worthless, in fact, because it still requires costly maintenance regardless of whether any paying customers are using it.

"Due process," is a rather elusive term, but it manifestly requires that before the State may take my "property," I must have a hearing before some judicial or quasi-judicial official, and have an opportunity to plead my case under the law.

Is the Governor's decree unconstitutional?
The pole smoker democrat has also shut down all the roadside rest areas making it hard on truck drivers. Trucking is what runs keeps this country going.
 

Tipsycatlover

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Mayor Garcetti closed gyms, restaurants, bars. Everything. I give it a few days before there is a protest of thousands at city hall defeating the whole purpose of quarantine.
 

rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can we count on government employees to not get paid while the private sector is closed?
Who do you think is leading the charge against Coronavirus?

Those worthless government employees
Only a few government workers are fighting the commie virus

teachers for instance

but if government is going to deny private citizens the right to work it should share the pain by denying itself also
Show a public health threat and I am sure they will shut it down
 

Mac-7

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can we count on government employees to not get paid while the private sector is closed?
Who do you think is leading the charge against Coronavirus?

Those worthless government employees
Only a few government workers are fighting the commie virus

teachers for instance

but if government is going to deny private citizens the right to work it should share the pain by denying itself also
Show a public health threat and I am sure they will shut it down
The public school teachers are not teaching

and they should not be paid
 

MindWars

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These will be ur loser who FORCE vaccinate lol and this chit wasn't even tested on animals first either.
 

rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can we count on government employees to not get paid while the private sector is closed?
Who do you think is leading the charge against Coronavirus?

Those worthless government employees
Only a few government workers are fighting the commie virus

teachers for instance

but if government is going to deny private citizens the right to work it should share the pain by denying itself also
Show a public health threat and I am sure they will shut it down
The public school teachers are not teaching

and they should not be paid
Many are doing remote learning

That is what our school is doing.
 

MindWars

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You are being trained to get LOCKED DOWN fools!! and using a crisis allows these loons to " delete the constitution temp". This is why they can do what they want since Obama and Bush as Trump tried to undo your msm told the rejects the lies and it spiraled here we are today leftist rejects.

You have ppl who call the police for toilet paper
you have ppl who think there are more than two genders

and yach can't figure out why they want nto wipe that constitution noff the map.

they love your kids too.
 

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DGS49

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Public school teachers that I know are scrambling to post lessons on line, prepare on-line quizzes, and working with individual students to keep the coursework moving. Not sitting around watching soap operas and eating bon bons.
 

TNHarley

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rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can you point to that power in the constitution?
At the State level?
That is where they are being closed
Sigh
There is no emergency powers in the constitution.
States right do not Trump the amendments of the constitution.
Of course, you do not care about any of that. Do you
Helping in an emergency is for the General Welfare of We the People.
Well within the broad powers of Congress
 

TNHarley

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can you point to that power in the constitution?
At the State level?
That is where they are being closed
Sigh
There is no emergency powers in the constitution.
States right do not Trump the amendments of the constitution.
Of course, you do not care about any of that. Do you
Helping in an emergency is for the General Welfare of We the People.
Well within the broad powers of Congress
Lol it doesnt surprise me you dont know what that means.
 
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DGS49

DGS49

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Quoting the "general welfare" provisions of the Constitution in order to justify acts of Congress (or the President) is an indication of Constitutional ignorance - no offense. Congress' powers are specifically enumerated, and the "general welfare" wording does not expand on those powers, which are constrained specifically by the Tenth Amendment. This argument was had and settled a couple centuries ago.
 

rightwinger

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National Emergency

All bets are off

My state just closed the schools, restaurants, bars, movies, gyms
Can you point to that power in the constitution?
At the State level?
That is where they are being closed
Sigh
There is no emergency powers in the constitution.
States right do not Trump the amendments of the constitution.
Of course, you do not care about any of that. Do you
Helping in an emergency is for the General Welfare of We the People.
Well within the broad powers of Congress
Lol it doesnt surprise me you dont know what that means.
Of course I know what it means
It means......for the good of the country

What did you think it means?
 

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