Biden violates the US Constitution on his first day

Glitch · Jan 21, 2021

Biden's first executive order will require masks on federal property

(CNN) - President-elect Joe Biden, who plans to make the coronavirus pandemic his top priority, will begin his presidency by asking Americans to wear masks for 100 days and requiring their use on federal property. Most of the Democrat-controlled sh*thole States already have.

His first executive order, the "100 Days Masking Challenge," will symbolize the administration's sharp turn from the Trump era by emphasizing recommendations by public health experts. A president cannot tell states or cities what to do, but a federal mandate will affect federal offices and federal lands and will urge states to do the same.

By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

OlNate · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

So, you aspire to be a criminal. Good for you. I hope all criminals face justice.

bearpoker · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

He's only violated your imaginary constitution. Not the real one.

Rogue Valley · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Elections have consequences.

Suck it up buttercup.

Antiwar · Jan 21, 2021

Obviously enforcement has natural and reasonable limits, and right-libertarian ideology does not.

Mycroft · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Here in Colorado, Biden will have a hard time making people wear masks while they are fishing on federal property.

Of course, that's not his intention. He just wants to say he's doing something...even if it's the usual liberal "style over substance".

Antiwar · Jan 21, 2021

Mycroft said:
Here in Colorado, Biden will have a hard time making people wear masks while they are fishing on federal property.

Of course, that's not his intention. He just wants to say he's doing something...even if it's the usual liberal "style over substance".

I'm hearing the mandate is for federal BUILDINGS.

Peter · Jan 21, 2021

Mycroft said:
Here in Colorado, Biden will have a hard time making people wear masks while they are fishing on federal property.

Of course, that's not his intention. He just wants to say he's doing something...even if it's the usual liberal "style over substance".

I think you'll find the only people who resist the mandate are stubborn twats like you who feel their politics overrides common sense and the law.
Have fun being fined for none-compliance while everyone else wears a mask to help protect others.

Glitch · Jan 21, 2021

Mycroft said:
Here in Colorado, Biden will have a hard time making people wear masks while they are fishing on federal property.

Of course, that's not his intention. He just wants to say he's doing something...even if it's the usual liberal "style over substance".

During the Winter I regularly hunt for ptarmigan and spruce grouse on federal lands just south of Denali National Park. I also fish on federal lands during the Summer.

There are no state-wide mandates in Alaska. The Governor has asked Alaskans to restrict our travel and to wear masks, and that is fine. Asking makes it voluntary and therefore does not violate the Due Process Clause. Only one city in Alaska has mandated wearing masks - Anchorage. They got rid of that Mayor in December, and now they are trying to get rid of the leftist Acting Mayor.

Nowhere else, outside of Anchorage, is closed down in Alaska. All our businesses and schools have remained open, and very few are wearing masks.

CaughtInThe · Jan 21, 2021

Biden will have to fight the dumb asses that allowed Trump to mold their attitude about a pandemic during a pandemic.

The US will now battle our way through this thing IN SPITE of those Trump Republicans. And so be it.

Crovax · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Did you even bother to read the EO or do you enjoy running your mouth and looking like a fool?

This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing | The White House

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5, United States Code, it is hereby ordered as follows:

www.whitehouse.gov

Lutherf · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Yeah, I was kind of thinking the same thing. Huge chunks of Arizona are BLM, National Park Service and National Forest. I just don't quite see the sense in wearing a mask, much less mandating that others do, when the nearest person to you may well be 10 miles away.

donsutherland1 · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

The executive order is not unconstitutional. There are limits concerning the protection offered by the “due process clause.” For example, from the U.S. Supreme Court’s Atlantic Coast Line Railroad v. City of Goldsboro (1914) decision:

For it is settled that neither the 'contract' clause nor the 'due process' clause has the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community; that this power can neither be abdicated nor bargained away, and is inalienable even by express grant; and that all contract and property rights are held subject to its fair exercise.

The executive order is aimed at addressing a pandemic that has claimed more than 400,000 American lives to date. It is highly unlikely that any legal challenge during a public health emergency would prevail given existing precedent.

Almost certainly, if one is not in a situation that requires social distancing e.g., areas in which people are typically in close proximity, one probably won’t have to worry about enforcement.

Glitch · Jan 21, 2021

donsutherland1 said:
The executive order is not unconstitutional. There are limits concerning the protection offered by the “due process clause.” For example, from the U.S. Supreme Court’s Atlantic Coast Line Railroad v. City of Goldsboro (1914) decision:

For it is settled that neither the 'contract' clause nor the 'due process' clause has the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community; that this power can neither be abdicated nor bargained away, and is inalienable even by express grant; and that all contract and property rights are held subject to its fair exercise.

The executive order is aimed at addressing a pandemic that has claimed more than 400,000 American lives to date. It is highly unlikely that any legal challenge during a public health emergency would prevail given existing precedent.

Almost certainly, if one is not in a situation that requires social distancing e.g., areas in which people are typically not in close proximity, one probably won’t have to worry about enforcement.

You are mistaken, there are no limits concerning the protection offered by the "due process clause." As the Supreme Court held in Jacobson v. Massachusetts, 197 U. S. 11, 38 (1905):

While a local regulation, even if based on the acknowledged police power of a State, must always yield in case of conflict with the exercise by the General Government of any power it possesses under the Constitution, the mode or manner of exercising its police power is wholly within the discretion of the State so long as the Constitution of the United States is not contravened, or any right granted or secured thereby is not infringed, or not exercised in such an arbitrary and oppressive manner as to justify the interference of the courts to prevent wrong and oppression.

Nothing supersedes the US Constitution, not even declared emergencies.

mike2810 · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Do you feel the same about seat belts being mandatory while driving on Federal Highways?

ttwtt78640 · Jan 21, 2021

Crovax said:
Did you even bother to read the EO or do you enjoy running your mouth and looking like a fool?

Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing | The White House

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5, United States Code, it is hereby ordered as follows:

www.whitehouse.gov

Perhaps the last (quoted) paragraph of that EO should have been the first. It would have saved many some valuable time reading the rest of it.

can2man · Jan 21, 2021

And it begins again.

ttwtt78640 · Jan 21, 2021

mike2810 said:
Do you feel the same about seat belts being mandatory while driving on Federal Highways?

Hmm... is that also an unenforceable suggestion created by EO?

EMNofSeattle · Jan 21, 2021

Peter said:
I think you'll find the only people who resist the mandate are stubborn twats like you who feel their politics overrides common sense and the law.
Have fun being fined for none-compliance while everyone else wears a mask to help protect others.

Masks improperly used help spread viruses. It appears your common sense is actually your ignorance.
It’s funny though that just last year states were repealing laws against having unprotected sex while HIV positive to people who don’t know because homosexuals didn’t want to tell their partner they had HIV, now i an supposed to protect others from the cold? F off.

ttwtt78640 · Jan 21, 2021

OlNate said:
So, you aspire to be a criminal. Good for you. I hope all criminals face justice.

It neither defines any crime nor imposes any sentence. Read the last part of the EO (linked in post #11) slowly and carefully - it is pure (unifying?) puffery.

Slartibartfast · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

I suppose having to wear pants and underpants on federal lands is a due process violation then too.

calamity · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. ...

Wear a mask.

mike2810 · Jan 21, 2021

ttwtt78640 said:
Hmm... is that also an unenforceable suggestion created by EO?

The OP made the claim the EO was not legal. I wanted to see if mandatory seatbelt laws would also be illegal in his view.

WillyPete · Jan 21, 2021

Glitch said:
By mandating masks on federal lands Biden has just violated the Due Process Clause of the Fifth Amendment. He is also encouraging the States to violate the Fourteenth Amendment. Most of the Democrat-controlled sh*thole States already have.

Considering that Alaska is ranked #1 for federal land. With the federal government owning 61.79% of Alaska’s total land, or just shy of 224 million acres, I'm on federal lands all the time. I never a wear a mask, and I'm always armed for bear. Good luck trying to enforce that unconstitutional Executive Order in Alaska. Naturally, this was expected from leftist filth.

Well that was quick. Do you think we can combine his Senate trial with Trump's and save some time?

donsutherland1 · Jan 21, 2021

Glitch said:
You are mistaken, there are no limits concerning the protection offered by the "due process clause." As the Supreme Court held in Jacobson v. Massachusetts, 197 U. S. 11, 38 (1905):

Nothing supersedes the US Constitution, not even declared emergencies.

Several things:

1. The 1914 precedent deals with what’s permissible under the Constitution. One cannot automatically invoke the “due process” clause simply to assert that a state lacks the power to protect, among other things, the public health.

2. Were one able to do so, enforcement would be rendered impractical.

3. There is no real conflict between the 1905 and 1914 rulings regarding the protection of public health, because such protection does not contravene the Constitution.

Biden violates the US Constitution on his first day

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