Hello There, Guest! (LoginRegister)

Post Reply 
National Quarantine, constitutional?
Author Message
fsquid Offline
Legend
*

Posts: 81,357
Joined: Jan 2004
Reputation: 1835
I Root For: Memphis, Queens (NC)
Location: St Johns, FL

CrappiesCrappiesCrappiesCrappiesMemphis Hall of Fame
Post: #1
National Quarantine, constitutional?
Seeing all the social media heads starting to call for a national quarantine this afternoon. Seeing how I didn't go to law school or stay at a Holiday Inn Express, is that even constitutional?
03-23-2020 03:09 PM
Find all posts by this user Quote this message in a reply
Advertisement


Claw Offline
Hall of Famer
*

Posts: 24,898
Joined: Feb 2004
Reputation: 1225
I Root For: Memphis
Location: Orangeville HELP!
Post: #2
RE: National Quarantine, constitutional?
I am sure they have a law to back it up, but is that law constitutional? Maybe under "general welfare".
03-23-2020 03:18 PM
Find all posts by this user Quote this message in a reply
Jugnaut Offline
Heisman
*

Posts: 6,874
Joined: Mar 2004
Reputation: 482
I Root For: UCF
Location: Florida
Post: #3
RE: National Quarantine, constitutional?
Probably not constitutional, but can it happen anyway? You bet.
03-23-2020 03:22 PM
Find all posts by this user Quote this message in a reply
rath v2.0 Offline
Wartime Consigliere
*

Posts: 51,151
Joined: Jun 2007
Reputation: 2150
I Root For: Civil Disobedience
Location: Tip Of The Mitt

Donators
Post: #4
RE: National Quarantine, constitutional?
When a President declares an emergency he or she is required to cite to the provision of the statute relied upon per 50 USC 34. Citing to the Stafford Act is enough for mobilizing FEMA and rendering assistance and aid and taking over the situation on the ground.

As far as something like declaring martial law... Article 1, Section 9 of the US Constitution refers to invasion and grants the president such powers, but it was broadened in interpretation almost immediately during the War of 1812 and onwards.

Lots of subsequent legislation has been passed granting such powers...most recently in my memory the John Warner National Defense Authorization Act for Fiscal Year 2007 which explicitly grants the president martial law declaration and management powers. Quarantine would fit right in under that.

Quick summary and quick answer, pretty much yes.

Guessing the Supreme Court wouldn’t touch this with a 10 foot pole, anyways.
(This post was last modified: 03-23-2020 03:28 PM by rath v2.0.)
03-23-2020 03:22 PM
Find all posts by this user Quote this message in a reply
TripleA Online
Legend
*

Posts: 58,464
Joined: Jun 2008
Reputation: 3153
I Root For: Memphis Tigers
Location: The woods of Bammer

Memphis Hall of Fame
Post: #5
RE: National Quarantine, constitutional?
Trump isn't going to do it, anyway. He knows it will kill his re-election, b/c the economy won't recover in time.
03-23-2020 03:27 PM
Find all posts by this user Quote this message in a reply
EverRespect Offline
Free Kaplony
*

Posts: 31,322
Joined: May 2012
Reputation: 1156
I Root For: ODU
Location:
Post: #6
RE: National Quarantine, constitutional?
I'm still wondering how blackface governor has the power to shutter businesses and ban gatherings of 10+ people. Not sure where in my "social contract" the Government... state, local, or federal... has the right to suspend freedom of assembly.
03-23-2020 03:31 PM
Find all posts by this user Quote this message in a reply
Advertisement


rath v2.0 Offline
Wartime Consigliere
*

Posts: 51,151
Joined: Jun 2007
Reputation: 2150
I Root For: Civil Disobedience
Location: Tip Of The Mitt

Donators
Post: #7
RE: National Quarantine, constitutional?
Look at your state constitution and statutes. You’d be surprised at some of the powers that are conveyed to the office...often added at a much later date
03-23-2020 03:38 PM
Find all posts by this user Quote this message in a reply
SuperFlyBCat Offline
Banned

Posts: 49,583
Joined: Mar 2005
I Root For: America and UC
Location: Cincinnati
Post: #8
RE: National Quarantine, constitutional?
So a national quarantine = you can't leave your house? Phuck that.
03-23-2020 03:42 PM
Find all posts by this user Quote this message in a reply
bobdizole Offline
All American
*

Posts: 3,468
Joined: Dec 2017
Reputation: 337
I Root For: MT
Location:
Post: #9
RE: National Quarantine, constitutional?
Not constitutional, pretty sure that is a clear violation of interstate commerce and travel

State government absolutely I think has the power to
(This post was last modified: 03-23-2020 03:43 PM by bobdizole.)
03-23-2020 03:42 PM
Find all posts by this user Quote this message in a reply
DaSaintFan Offline
Dum' Sutherner in Midwest!
*

Posts: 15,862
Joined: Mar 2010
Reputation: 402
I Root For: Southern Miss
Location: Stuck in St. Louis
Post: #10
RE: National Quarantine, constitutional?
(03-23-2020 03:42 PM)bobdizole Wrote:  Not constitutional, pretty sure that is a clear violation of interstate commerce and travel

State government absolutely I think has the power to

We have a winner... cant' remember which law professor spoke up on this, but I remember he was a well respected one, and this would be a clear violation of the commerce and travel clause.

And IF I RECALL CORRECTLY, states do not officially have the power to do so, at least not without (as many are doing) allowing for limited use, because the interstate highways (even intrastate) fall under the commerce and travel clause as well.

That being said , if it was declared, it would take forever to make it through the court system (as there is no way this would get fast-tracked)
03-23-2020 04:21 PM
Visit this user's website Find all posts by this user Quote this message in a reply
shere khan Offline
Southerner
*

Posts: 60,515
Joined: Mar 2004
Reputation: 7461
I Root For: Tulane
Location: Teh transfer portal
Post: #11
RE: National Quarantine, constitutional?
Only if martial law is declared what I thought but dont know
03-23-2020 05:12 PM
Find all posts by this user Quote this message in a reply
Advertisement


rath v2.0 Offline
Wartime Consigliere
*

Posts: 51,151
Joined: Jun 2007
Reputation: 2150
I Root For: Civil Disobedience
Location: Tip Of The Mitt

Donators
Post: #12
RE: National Quarantine, constitutional?
It would be an action under martial law but that’s not what they’d call it.

If there was a fight over this, I’d rather be on the federal government’s side of the argument.
03-23-2020 06:22 PM
Find all posts by this user Quote this message in a reply
TripleA Online
Legend
*

Posts: 58,464
Joined: Jun 2008
Reputation: 3153
I Root For: Memphis Tigers
Location: The woods of Bammer

Memphis Hall of Fame
Post: #13
RE: National Quarantine, constitutional?
(03-23-2020 06:22 PM)rath v2.0 Wrote:  It would be an action under martial law but that’s not what they’d call it.

If there was a fight over this, I’d rather be on the federal government’s side of the argument.

Listening to Trump this afternoon, there is no way in hell there is going to be a national quarantine. He is pushing now 100% to get everything back open.
03-24-2020 01:06 PM
Find all posts by this user Quote this message in a reply
GoodOwl Offline
The 1 Hoo Knocks
*

Posts: 25,218
Joined: Nov 2010
Reputation: 2239
I Root For: New Horizons
Location: Planiverse
Post: #14
RE: National Quarantine, constitutional?
(03-24-2020 01:06 PM)TripleA Wrote:  
(03-23-2020 06:22 PM)rath v2.0 Wrote:  It would be an action under martial law but that’s not what they’d call it.

If there was a fight over this, I’d rather be on the federal government’s side of the argument.

Listening to Trump this afternoon, there is no way in hell there is going to be a national quarantine. He is pushing now 100% to get everything back open.

'bout time.
03-24-2020 01:36 PM
Find all posts by this user Quote this message in a reply
Redwingtom Offline
Progressive filth
*

Posts: 51,524
Joined: Dec 2003
Reputation: 971
I Root For: B-G-S-U !!!!
Location: Soros' Basement
Post: #15
RE: National Quarantine, constitutional?
You can't commerce or travel if you're dead.
03-24-2020 01:46 PM
Find all posts by this user Quote this message in a reply
VA49er Offline
Legend
*

Posts: 29,000
Joined: Dec 2004
Reputation: 952
I Root For: Charlotte
Location:
Post: #16
RE: National Quarantine, constitutional?
(03-23-2020 03:31 PM)EverRespect Wrote:  I'm still wondering how blackface governor has the power to shutter businesses and ban gatherings of 10+ people. Not sure where in my "social contract" the Government... state, local, or federal... has the right to suspend freedom of assembly.

Part that makes me laugh is he labeled the ABC stores as essential (for those that don't know in VA, and other states, all liquor is sold in state controlled stores called ABC stores (Alchohol Beverage Control). Most people just assume that was done so the state would keep getting its alcohol money.
03-24-2020 01:51 PM
Find all posts by this user Quote this message in a reply
Advertisement


EverRespect Offline
Free Kaplony
*

Posts: 31,322
Joined: May 2012
Reputation: 1156
I Root For: ODU
Location:
Post: #17
RE: National Quarantine, constitutional?
(03-24-2020 01:51 PM)VA49er Wrote:  
(03-23-2020 03:31 PM)EverRespect Wrote:  I'm still wondering how blackface governor has the power to shutter businesses and ban gatherings of 10+ people. Not sure where in my "social contract" the Government... state, local, or federal... has the right to suspend freedom of assembly.

Part that makes me laugh is he labeled the ABC stores as essential (for those that don't know in VA, and other states, all liquor is sold in state controlled stores called ABC stores (Alchohol Beverage Control). Most people just assume that was done so the state would keep getting its alcohol money.

The only thing more dangerous than an alcoholic with liquor is an alcoholic without liquor. That is about the only thing the Grand Wizard has done that I agree with.
03-24-2020 01:56 PM
Find all posts by this user Quote this message in a reply
VA49er Offline
Legend
*

Posts: 29,000
Joined: Dec 2004
Reputation: 952
I Root For: Charlotte
Location:
Post: #18
RE: National Quarantine, constitutional?
(03-24-2020 01:56 PM)EverRespect Wrote:  
(03-24-2020 01:51 PM)VA49er Wrote:  
(03-23-2020 03:31 PM)EverRespect Wrote:  I'm still wondering how blackface governor has the power to shutter businesses and ban gatherings of 10+ people. Not sure where in my "social contract" the Government... state, local, or federal... has the right to suspend freedom of assembly.

Part that makes me laugh is he labeled the ABC stores as essential (for those that don't know in VA, and other states, all liquor is sold in state controlled stores called ABC stores (Alchohol Beverage Control). Most people just assume that was done so the state would keep getting its alcohol money.

The only thing more dangerous than an alcoholic with liquor is an alcoholic without liquor. That is about the only thing the Grand Wizard has done that I agree with.

Not saying I disagre but I'm pretty sure the reasoning was financial and not the potential of having pissed off drunks.
03-24-2020 01:58 PM
Find all posts by this user Quote this message in a reply
CliftonAve Offline
Heisman
*

Posts: 21,880
Joined: May 2012
Reputation: 1171
I Root For: Jimmy Nippert
Location:
Post: #19
RE: National Quarantine, constitutional?
(03-23-2020 03:22 PM)rath v2.0 Wrote:  When a President declares an emergency he or she is required to cite to the provision of the statute relied upon per 50 USC 34. Citing to the Stafford Act is enough for mobilizing FEMA and rendering assistance and aid and taking over the situation on the ground.

As far as something like declaring martial law... Article 1, Section 9 of the US Constitution refers to invasion and grants the president such powers, but it was broadened in interpretation almost immediately during the War of 1812 and onwards.

Lots of subsequent legislation has been passed granting such powers...most recently in my memory the John Warner National Defense Authorization Act for Fiscal Year 2007 which explicitly grants the president martial law declaration and management powers. Quarantine would fit right in under that.

Quick summary and quick answer, pretty much yes.

Guessing the Supreme Court wouldn’t touch this with a 10 foot pole, anyways.

Speaking of the Supremes.... if Ginsburg comes out of all this unscathed you know things aren't an on the up-and-up.
03-24-2020 02:06 PM
Find all posts by this user Quote this message in a reply
bobdizole Offline
All American
*

Posts: 3,468
Joined: Dec 2017
Reputation: 337
I Root For: MT
Location:
Post: #20
RE: National Quarantine, constitutional?
(03-24-2020 01:56 PM)EverRespect Wrote:  
(03-24-2020 01:51 PM)VA49er Wrote:  
(03-23-2020 03:31 PM)EverRespect Wrote:  I'm still wondering how blackface governor has the power to shutter businesses and ban gatherings of 10+ people. Not sure where in my "social contract" the Government... state, local, or federal... has the right to suspend freedom of assembly.

Part that makes me laugh is he labeled the ABC stores as essential (for those that don't know in VA, and other states, all liquor is sold in state controlled stores called ABC stores (Alchohol Beverage Control). Most people just assume that was done so the state would keep getting its alcohol money.

The only thing more dangerous than an alcoholic with liquor is an alcoholic without liquor. That is about the only thing the Grand Wizard has done that I agree with.

I posted something like this last night. You cut off liquor from hardcore alcoholics and they will either die or take up a needed bed in the hospital while they detox.
03-24-2020 02:06 PM
Find all posts by this user Quote this message in a reply
Post Reply 




User(s) browsing this thread: 1 Guest(s)


Copyright © 2002-2024 Collegiate Sports Nation Bulletin Board System (CSNbbs), All Rights Reserved.
CSNbbs is an independent fan site and is in no way affiliated to the NCAA or any of the schools and conferences it represents.
This site monetizes links. FTC Disclosure.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org.
Powered By MyBB, © 2002-2024 MyBB Group.