Where Do These Democrat Governors Get the Authority to Over-rule/Ignore the First Amendment?

[JimBowie1958]

In emergency situations, it is normal to give a period of time for the emergency, typically 30 to 60 days.

But some of these governors have stated that they will return their states to normal once a vaccine for a Corona virus has been made. That is something that has never happened before and will take another year at least.

Where do they think that they have the authority to lock down their states in violation of the First Amendment right to free assembly and free religious practice?

This seems to me like an executive over reach of anitConstitutional nature.

Can someone tell me where they get this authority?

Politifact Virginia: Is Virginia's Lockdown Order the Longest in the Nation?

Poltifiact Virginia: Is Virginia's lockdown date the latest in the nation?

vpm.org

The burden of proof lies with economic lockdown proponents

If the proponents of universal lockdowns had to prove the case for continuing to destroy the complex web of transactions by which human beings flourish, the economy would re-open and millions of li…

thehill.com

In litigation, allocation of the burden of proof often determines the outcome of a case. If the advocates of continued lockdown had that burden, they would have to answer the following questions, now kept off stage: ​

​

—What have the lockdowns accomplished so far and what will they accomplish in the future? ​

​

—What are the public health consequences of a global depression? ​

​

—Do the benefits of keeping people from working outweigh the costs in lost and stunted lives? ​

​

—How will herd immunity be achieved under lockdown conditions?​

​

A growing number of lockdown skeptics is challenging the received wisdom that lockdowns are necessary to avoid a public health crisis. A Stanford professor of structural biology found that coronavirus infections and deaths have followed a similar curve regardless of government intervention. Once deaths reached a certain share of the population, any initial exponential growth petered out whether the country enforced strict social distancing or not. Sweden has been as successful in controlling the virus as most other nations, though its businesses remain open; its death rate is lower than those of the most hard-hit U.S. states that locked down relatively early. Laos and Cambodia practiced no social distancing but have had no outbreaks. An analysis published in The Wall Street Journal found no statistically significant connection between the rapidity with which a state in the U.S. shut down its economy and its subsequent death rates.​

Trump tells governors to 'LIBERATE' Michigan, Virginia and Minnesota

President Trump made himself the star of the 'lockdown rebellion' by tweeting 'LIBERATE Minnesota' and then adding Michigan and Virginia to the list.

www.dailymail.co.uk

 

[wamose]

These Democrat governors need to be defied in the name of freedom and liberty. They need to be charged with illegal imprisonment for unilaterally taking peoples basic human rights away. We all know this is just a totalitarian ploy to grab more power while trying to make Trump look bad. Democrats have been bitching about transforming our government into some kind of magical utopia for years but their solution, which takes power and free will from the people and gives it to the government, has already failed in the USSR, China, Venezuela and Cuba to name a few places. Evil people are always looking for more power. But this Democrat party has become as totally evil as anything our government has ever seen and I'm pissed at Pennsylvania Governor Wolf's attempt to enslave the people of Pa. We need to get rid of this asshole.

 

[Penelope]

The OP made good points but
-------------------------------
Do you really think these Democratic govs and a few Republican Govs want to see their state desperate for income. NO. We are progressive , that means we are concerned about the future, you republicans are concerned about recouping the past. Well one can never go back.

Read Jacobson v. MA and you might find a reason, TX used it recently for abortion is pro elective and not to be allowed (never mind the time line on it)

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

snip

During the 2020 coronavirus pandemic, the federal United States Court of Appeals for the Fifth Circuit relied on Jacobson when upholding a Texas regulation halting abortions by including it in its ban on non-essential medical services and surgeries, consistent with Justice Blackmun's citing of the case in Roe v. Wade. [10] (See Impact of the 2019–20 coronavirus pandemic on abortion in the United States.)

Jacobson v. Massachusetts - Wikipedia

en.wikipedia.org

-------------------------------
Sweden has not been successful in control of the virus.

 

[Penelope]

These Democrat governors need to be defied in the name of freedom and liberty. They need to be charged with illegal imprisonment for unilaterally taking peoples basic human rights away. We all know this is just a totalitarian ploy to grab more power while trying to make Trump look bad. Democrats have been bitching about transforming our government into some kind of magical utopia for years but their solution, which takes power and free will from the people and gives it to the government, has already failed in the USSR, China, Venezuela and Cuba to name a few places. Evil people are always looking for more power. But this Democrat party has become as totally evil as anything our government has ever seen and I'm pissed at Pennsylvania Governor Wolf's attempt to enslave the people of Pa. We need to get rid of this asshole.

Are you saying Gov Devine is evil. He is doing his job.

 

[sparky]

The OP made good points but
-------------------------------
Do you really think these Democratic govs and a few Republican Govs want to see their state desperate for income. NO. We are progressive , that means we are concerned about the future, you republicans are concerned about recouping the past. Well one can never go back.

Read Jacobson v. MA and you might find a reason, TX used it recently for abortion is pro elective and not to be allowed (never mind the time line on it)

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

snip

During the 2020 coronavirus pandemic, the federal United States Court of Appeals for the Fifth Circuit relied on Jacobson when upholding a Texas regulation halting abortions by including it in its ban on non-essential medical services and surgeries, consistent with Justice Blackmun's citing of the case in Roe v. Wade. [10] (See Impact of the 2019–20 coronavirus pandemic on abortion in the United States.)

Jacobson v. Massachusetts - Wikipedia

en.wikipedia.org

-------------------------------
Sweden has not been successful in control of the virus.

Interesting 10ther take on "constitutional law" there....~S~

 

[Billy_Kinetta]

In emergency situations, it is normal to give a period of time for the emergency, typically 30 to 60 days.

But some of these governors have stated that they will return their states to normal once a vaccine for a Corona virus has been made. That is something that has never happened before and will take another year at least.

Where do they think that they have the authority to lock down their states in violation of the First Amendment right to free assembly and free religious practice?

This seems to me like an executive over reach of anitConstitutional nature.

Can someone tell me where they get this authority?

Politicians only have power such as the people permit. Many Americans have forgotten that, or never learned it in the first place.

 

[JimBowie1958]

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

There is no First Amendment right to not be vaccinated, which takes all of 5 minutes. Emergency decrees should not be indefinite and run for months at a time.

Sweden has not been successful in control of the virus.

It has been far more successful than Italy, Spain, France, etc who have been using Chicom lockdowns.

 

[Pete7469]

They don't have the authority.

What disturbs me is where they get OBEDIENCE.

Fuck those sociopaths.


.

 

[JimBowie1958]

Politicians only have power such as the people permit. Many Americans have forgotten that, or never learned it in the first place.

They seem to have remembered in California's 25th district.

 

[JimBowie1958]

Are you saying Gov Devine is evil. He is doing his job.

So was Stalin.

 

[Desperado]

Any politician that takes away any of the rights in the constitution is a criminal and a traitor and should be voted out in the next election

 

[Lysistrata]

No one can put a time line on a public-health crisis. Only nature can do that. At this point, gatherings involving large assemblies of people pose an actual, physical threat not only to those attending, but also to those who don't. Other supposed or apparent threats to First Amendment liberties, such as attempts to shut down unfavorable press, do not pose this kind of threat.

It is ironic that the people who are screaming the loudest about the loss of "freedom" and "First Amendment rights" are those who do not follow the masking and social-distancing guidelines, and who scream "fake news!" and "horrible media."

Penelope has already filled us in on Jacobsen v. Massachusetts and its progeny.

 

[Norman]

Orange Man Bad gives any authority, it is in the constitution somewhere, I heard it on CNN!

 

[Desperado]

No one can put a time line on a public-health crisis. Only nature can do that. At this point, gatherings involving large assemblies of people pose an actual, physical threat not only to those attending, but also to those who don't. Other supposed or apparent threats to First Amendment liberties, such as attempts to shut down unfavorable press, do not pose this kind of threat.

It is ironic that the people who are screaming the loudest about the loss of "freedom" and "First Amendment rights" are those who do not follow the masking and social-distancing guidelines, and who scream "fake news!" and "horrible media."

Penelope has already filled us in on Jacobsen v. Massachusetts and its progeny.

This is the post of a paranoid hypochondriac, hoping that one day she can come out from under her bed

 

[Lysistrata]

Orange Man Bad gives any authority, it is in the constitution somewhere, I heard it on CNN!

You mean the orange man who tears up subpoenas, fails to follow established procedures, has tantrums, lies constantly, and devotes his speeches to partisan politics and congratulating himself?

 

[MisterBeale]

No one can put a time line on a public-health crisis. Only nature can do that. At this point, gatherings involving large assemblies of people pose an actual, physical threat not only to those attending, but also to those who don't. Other supposed or apparent threats to First Amendment liberties, such as attempts to shut down unfavorable press, do not pose this kind of threat.

It is ironic that the people who are screaming the loudest about the loss of "freedom" and "First Amendment rights" are those who do not follow the masking and social-distancing guidelines, and who scream "fake news!" and "horrible media."

Penelope has already filled us in on Jacobsen v. Massachusetts and its progeny.

This post is so devoid of the statistical facts about this illness, it defies credulity.


Anyone that has done any amount of research into this issue knows that normal healthy people aren't at risk, at all.

 

[jc456]

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

There is no First Amendment right to not be vaccinated, which takes all of 5 minutes. Emergency decrees should not be indefinite and run for months at a time.

Sweden has not been successful in control of the virus.

It has been far more successful than Italy, Spain, France, etc who have been using Chicom lockdowns.

well they made the clear all impossible to meet. That's what's at issue for me. they are not ever going to release citizens. period.

 

[jc456]

Orange Man Bad gives any authority, it is in the constitution somewhere, I heard it on CNN!

You mean the orange man who tears up subpoenas, fails to follow established procedures, has tantrums, lies constantly, and devotes his speeches to partisan politics and congratulating himself?

the man tore up no subpoena. you missed that encounter didn't you? call me surprised.

 

[jc456]

No one can put a time line on a public-health crisis. Only nature can do that. At this point, gatherings involving large assemblies of people pose an actual, physical threat not only to those attending, but also to those who don't. Other supposed or apparent threats to First Amendment liberties, such as attempts to shut down unfavorable press, do not pose this kind of threat.

It is ironic that the people who are screaming the loudest about the loss of "freedom" and "First Amendment rights" are those who do not follow the masking and social-distancing guidelines, and who scream "fake news!" and "horrible media."

Penelope has already filled us in on Jacobsen v. Massachusetts and its progeny.

This post is so devoid of the statistical facts about this illness, it defies credulity.


Anyone that has done any amount of research into this issue knows that normal healthy people aren't at risk, at all.

one thing we know for sure, that all other illness went down.

 

[Lysistrata]

No one can put a time line on a public-health crisis. Only nature can do that. At this point, gatherings involving large assemblies of people pose an actual, physical threat not only to those attending, but also to those who don't. Other supposed or apparent threats to First Amendment liberties, such as attempts to shut down unfavorable press, do not pose this kind of threat.

It is ironic that the people who are screaming the loudest about the loss of "freedom" and "First Amendment rights" are those who do not follow the masking and social-distancing guidelines, and who scream "fake news!" and "horrible media."

Penelope has already filled us in on Jacobsen v. Massachusetts and its progeny.

This is the post of a paranoid hypochondriac, hoping that one day she can come out from under her bed

Listening to the advice of medical professionals rather than that of monkey politicians doesn't make one a "paranoid hypochondriac." Some people need a reminder that there is a worldwide pandemic going on. Go ahead. Listen to the advice of putin's poodles who dedicate themselves to spreading contagion instead, but don't get anyone else sick.