Heppenheimer
Well-Known Member
Screwed. By ourselves.Okay, it’s confused from over the pond again!
If recommendations are being ignored and mandates/laws are unconstitutional where does that leave the USA?
Screwed. By ourselves.Okay, it’s confused from over the pond again!
If recommendations are being ignored and mandates/laws are unconstitutional where does that leave the USA?
Okay, it’s confused from over the pond again!
If recommendations are being ignored and mandates/laws are unconstitutional where does that leave the USA?
Screwed. By ourselves.
This is why I always ask the question to people who tend to rail on about harsh restrictions. What exactly are you being restricted from doing that you would want to do? Cruises are off. DLR remains closed. Most places have some limit on restaurant capacity or in hot spots now a temporary ban on indoor dining and in some cases outdoor. Strip clubs are closed (may matter to some peopleAnecdotal, but I can count the number of close, sustained, unmasked personal contacts I've had since April on two hands easily. I know many other friends and family that can do the same, with no cases of the virus in my immediate circle. The same can not be said for acquaintances I have that have played fast and loose or completely ignored guidance. Masks work. Distancing works.
Following the guidelines, still having a life and contributing to the economy requires adaptation and some sacrifice, but I don’t feel like my constitutional rights are being violated in the slightest. It’s a matter of common sense and humanity. I look forward to returning to traveling and dining out, which are the main sacrifices that have impacted me, but I have a hard time empathizing with the ‘that’s not practical’ viewpoint because these adaptations have been easily achieved by us.
One other noteworthy point: In addition to the US Constitution, each state has its own Constitution which can give its citizens greater, but not lesser, protections than those given by the federal Constitution. In my state, most of the challenges to restrictions have been based on state statutes and the state Constitution rather than the US Constitution.Correct; for example, laws that place an substantial obstacle to exercising rights can be struck down, under different levels of scrutiny.
One other noteworthy point: In addition to the US Constitution, each state has its own Constitution which can give its citizens greater, but not lesser, protections than those given by the federal Constitution. In my state, most of the challenges to restrictions have been based on state statutes and the state Constitution rather than the US Constitution.
Screwed. By ourselves.
They are very different.A temporary stay at home order is no different than temporarily putting somebody under house arrest.
That would never fly in Taiwan. Taiwan having one of the lowest infection rates do not play around. My relative took a two year foreign assignment to live and work in Taiwan. Prior to arriving at his rental home, government cameras were installed in the perimeter of his home.This pandemic is leading to an unprecedented degree of governmental intrusion into personal liberties that are at the core of constitutional protections, such as the right to gather together and the privacy of one's home (orders limiting the number of people from different households). That isn't to say that the restrictions are unconstitutional, just that we don't know how legal challenges to them are going to shake out.
As long as the hard facts justify government actions and they are limited in time and scope, I think most will survive constitutional challenges. On the one hand, age is a protected class, but on the other, government intrusion into personal liberties must be the least restrictive possible in order to reach a valid government goal. This virus is disproportionately impacting the elderly, so would the least restrictive measure be to isolate them? I don't believe we'll ever face this problem because, as several posters have pointed out, effectively isolating only the elderly is not possible given the way our society is set up. And in any event, people wouldn't stand for it.
That said, it makes sense for people in the most vulnerable age groups to take extra care to isolate as much as possible in order to protect themselves and to get vaccinated as soon as possible.
When friends of mine lived in DC, there was an announcement made prior to take off from the airports in the Washington DC area immediately after 9/11/01. No passenger is allowed to stand up at all until the plane clears DC airspace. Anyone in violation will be subject to arrest.I will say that I understand the concern... after 9/11 we got the TSA searches which I consider way too far for a citizen traveling within their own country. After Vegas we got unannounced room searches at Disney World, which is also too far imho.
I didn’t agree with some of the extreme measures in March... it made no sense to close outdoor state parks and recreation areas for example, especially in my area that had 5 cases at the time.
I’m trying to see both sides of the coin, but when 3,000 people died yesterday and people are arguing that restaurants and bars should be open for indoor services I just don’t understand.
How? Please explain from the standpoint of legal concepts, not "common sense"They are very different.
Anecdotal but I've played pretty "fast and loose" when in private settings and so has most of my circle of acquaintances and none have been infected. My anecdote doesn't prove anything, neither does yours.
I will say that I understand the concern... after 9/11 we got the TSA searches which I consider way too far for a citizen traveling within their own country. After Vegas we got unannounced room searches at Disney World, which is also too far imho.
I didn’t agree with some of the extreme measures in March... it made no sense to close outdoor state parks and recreation areas for example, especially in my area that had 5 cases at the time.
I’m trying to see both sides of the coin, but when 3,000 people died yesterday and people are arguing that restaurants and bars should be open for indoor services I just don’t understand.
The stay at home is not an order, but a recommendation. No one is being arrested or detained for going outside. Being under house arrest is a legal consequence, and enforceable. It's not even close to the same thing at all.How? Please explain from the standpoint of legal concepts, not "common sense"
Some are, some aren't. Back in March, Broward County ordered me not to leave my property unless I was doing something specifically defined as essential. I could also walk a pet within a specified distance (500 ft IIRC). It was not a suggestion and they made clear that it could be enforced by the police.The stay at home is not an order, but a recommendation. No one is being arrested or detained for going outside. Being under house arrest is a legal consequence, and enforceable. It's not even close to the same thing at all.
That order could be challenged in the courts, as it obviously went a bit too far. While it could have been enforced by the police, was anyone actually arrested over it? If not, then it had no real teeth, and was an idle threat. Still very wrong.Some are, some aren't. Back in March, Broward County ordered me not to leave my property unless I was doing something specifically defined as essential. I could also walk a pet within a specified distance (500 ft IIRC). It was not a suggestion and they made clear that it could be enforced by the police.
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