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Can the US Government Legally Mandate COVID-19 Lockdowns?

Mirage

Secret Agent
Staff member
V.I.P.
I know other governments CAN legally do this, so for the sake of this discussion, I’m asking about the US government, both in a federal and state level.

I have mixed feelings on this, but at the end of the day, feelings are why we have the Constitution in the first place.

So when feelings get involved, we can look to a document that lets us know what the government can and can’t do instead of our feelings in the best of the moment.

It’s my understanding that the Constitution explicitly declares what the federal government CAN do, and that anything outside of that is left to the states.

So can states tell people they can’t leave their homes or that they have to shut down their businesses?

Personally, I can understand the reasons for why it’s smart (and I even support it for a brief season), but is it technically legal?

I can also understand reasons why businesses would start to fight it and open back up if this lockdown continues much longer. People need to feed their families.
 

MenInTights

not a plastic bag
The worst thing that's come out if this is 1) What some states have done to religious institutions and 2) The fact that the majority of Christians, myself included, sit back and let it happen.

If a governor can fine you $500 per person for having a church service that is in complete compliance with the social distancing rules and that governor hasn't already been removed, that's a shame on us.
 

CaptainObvious

Son of Liberty
V.I.P.
No. There is no authority to what any state or local government to do what they are doing. I don’t need a letter to explain that I’m an essential employee, and I don’t need to explain to any law enforcement official where I’m going without probable cause.

I’m all for following CDC guidelines, I’m all for people staying home, what I’m not for is any government mandating anything. There’s no Constitutional authority to do any of it.
 

CaptainObvious

Son of Liberty
V.I.P.
The girl that cuts my hair has been cutting it for years. Of course she’s been shut down. Recently, she decided to see a customer every hour. It takes about 30 minutes, then she was going to wipe everything down, and put on a new pair of gloves for the next customer. I was scheduled to cut my hair at 2 on Thursday.

She texted me that morning and said there’s a sign on her door warning her if she opens, she will be fined $1000 by the county. Some people are really bad at being Americans, and where the county gets this authority is beyond me. It’s like the Constitution doesn’t even exist.
 

MenInTights

not a plastic bag
The girl that cuts my hair has been cutting it for years. Of course she’s been shut down. Recently, she decided to see a customer every hour. It takes about 30 minutes, then she was going to wipe everything down, and put on a new pair of gloves for the next customer. I was scheduled to cut my hair at 2 on Thursday.

She texted me that morning and said there’s a sign on her door warning her if she opens, she will be fined $1000 by the county. Some people are really bad at being Americans, and where the county gets this authority is beyond me. It’s like the Constitution doesn’t even exist.
I've probably seen a hundred stories like this in the last 3 weeks. It really pisses me off.
 

CaptainObvious

Son of Liberty
V.I.P.
I've probably seen a hundred stories like this in the last 3 weeks. It really pisses me off.
Me too. I wouldn’t do that because I know people need to make a living, and I’m an American and believe in freedom.
 

dDave

Well-Known Member
V.I.P.
Me too. I wouldn’t do that because I know people need to make a living, and I’m an American and believe in freedom.
We are hearing about stories like this all over. Not everyone is bothered by it.

The thing that bothers me the most is that a good number of our fellow countrymen are 100% fine with governmental tyranny and even see it as necessary.
 

CaptainObvious

Son of Liberty
V.I.P.
We are hearing about stories like this all over. Not everyone is bothered by it.

The thing that bothers me the most is that a good number of our fellow countrymen are 100% fine with governmental tyranny and even see it as necessary.
That’s what bothers me too. Down here, we have cities mandating no more than two people per vehicle, and people have no problem with that kind of tyranny. It’s sad, actually.
 
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