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National Quarantine, constitutional?
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fsquid Offline
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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
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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
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Jugnaut Offline
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RE: National Quarantine, constitutional?
Probably not constitutional, but can it happen anyway? You bet.
03-23-2020 03:22 PM
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rath v2.0 Offline
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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
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TripleA Offline
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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
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EverRespect Offline
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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
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rath v2.0 Offline
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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
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SuperFlyBCat Offline
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Post: #8
RE: National Quarantine, constitutional?
So a national quarantine = you can't leave your house? Phuck that.
03-23-2020 03:42 PM
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bobdizole Offline
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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
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DaSaintFan Offline
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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
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shere khan Offline
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RE: National Quarantine, constitutional?
Only if martial law is declared what I thought but dont know
03-23-2020 05:12 PM
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rath v2.0 Offline
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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
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TripleA Offline
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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
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GoodOwl Offline
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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
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Redwingtom Offline
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RE: National Quarantine, constitutional?
You can't commerce or travel if you're dead.
03-24-2020 01:46 PM
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VA49er Offline
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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
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EverRespect Offline
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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
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VA49er Offline
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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
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CliftonAve Offline
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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
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bobdizole Offline
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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
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