OldLady
Diamond Member
- Nov 16, 2015
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Bob, this is temporary due to a health emergency. I'm no Constitutional scholar or lawyer, so I'll leave it there.Any powers not enumerated therein belong to the states. That is what is happening; the governors of the states are exercising their Emergency Powers that were crafted into legislation at some point by their duly appointed representatives of the people. I don't know about anywhere else, but in Maine those Powers are limited to 90 days. To extend it requires the approval of the legislature by the 80th day.
Under the Fourteenth Amendment, as applied by the Supreme Court in various landmark rulings, the entire First Amendment is now incorporated under the Fourteenth, and all the rights enumerated therein protected even from the states.
In particular, freedom of religion is thus incorporated under Cantwell v. Connecticut, 310 U.S. 296 (1940), and freedom of assembly under DeJonge v. Oregon, 299 U.S. 353 (1937).
So no, the states do not now have the legitimate power to violate either of these rights, nor any of the other rights asserted in the First Amendment.
In fact, there are only a very few of the rights, out of the many affirmed throughout the Bill of Rights, that are not now incorporated under the Fourteenth Amendment.