Seriously, how is this not more of a national conversation? I live in PA and my friend just told me he was followed to the doctor’s office by a cop. I’m not even aware of how they plan to enforce this new “order” that was enacted last night for my county, but even if it’s only fines it seems massively restrictive.
We are shutting down freedom of movement for anything non-essential apparently. I am possibly liable to be pulled over and questioned on where I am going, and fined if it is not a state-approved reason. I’m sorry, but I thought this was the land of the free.
I’m simply outraged by the way this is trending, and extremely alarmed at the rapidity of escalation. There’s still so much we don’t know about the magnitude/legitimacy of this virus, and to restrict people’s freedom of movement over fear is cowardly and radically un-American.
Please discuss with me here pedes - I want a better understanding of the constitutionality of these “orders” that are sweeping the nation, including how they’re being enforced, and why everyone is complacently accepting them.
I read through the whole Constitution a few days ago trying to analyze this point. I really tried to think of it as how the Constitution reads and not what I think the founding fathers intended or what I think it should be. I think most of us would agree the founding fathers would not agree with this.
The only thing I could come up with is the limit on gathering directly breaks the 1st amendment's guarantee of "the right of the people peaceably to assemble". I suppose you could also invoke the 5th Amendment when questioned by an officer that you don't really have to provide any testimony against yourself. The President has made it very clear the restrictions are up to the states (the 15 days is a recommendation, not a requirement), so he's within the 10th Amendment.
I'm not someone familiar with the different precedents or what the Supreme Court has ruled in the past. I was literally just trying to compare the situation to the actual words of the Constitution and that's all I could come up with.
Also, States all have their own constitutions that are usually much more complicated and may cover additional rights.
Amazing content here, straight from the source. This is what I come to this community for, and it saddens me that we aren’t seeing this kind of digging/dialogue anywhere else.
I would be curious to see where in my state’s constitution (PA) this kind of extreme measure is enabled. Think I will research this afternoon - thank you for the reply.
I can blame/thank my 9th grade Civics teacher strangely enough. Crazy woman, back then you'd say she was a patriot leftist as she loved Clinton (he was President then) but super no nonsense no excuses taken. Always going on about her guns too.
I guess it stuck, we spent forever learning about the Constitution and I've really always been interested ever since.