Biden violates the US Constitution on his first day

[Rich2018]

From the American Bar Association



As a reminder, the 10th Amendment says, “Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

States also retain significant emergency powers to regulate public safety and health through their own state constitutions and legal precedent dating back to the early 1800s.

The federal government’s quarantine powers are limited to those things the feds control, like ports of entry, airspace and such. States each have specific laws that set out who has what authority. Here is a list of each state’s rules.

And the owner of a property can determine how people behave. The federal government "owns" federal property.

 

[Robertinfremont]

And the owner of a property can determine how people behave. The federal government "owns" federal property.

This separates the Feds from the rest of the public of America.

 

[Rich2018]

This separates the Feds from the rest of the public of America.

How, the owner of a restaurant can still mandate it';s customers observe COVID restrictions like wearing masks, as a restaurant in Texas has just announced:

Customers threaten to call ICE on Texas restaurant over mask rule

Owners of Picos restaurant said they have been bombarded with abusive messages after announcing that customers must continue to wear masks.

www.dailymail.co.uk

 

[Robertinfremont]

How, the owner of a restaurant can still mandate it';s customers observe COVID restrictions like wearing masks, as a restaurant in Texas has just announced:

Customers threaten to call ICE on Texas restaurant over mask rule

Owners of Picos restaurant said they have been bombarded with abusive messages after announcing that customers must continue to wear masks.

www.dailymail.co.uk

I was not talking of states or the business owners.

You have perhaps heard that the warning on the box of masks does explain they to not prevent the wearer from getting CV19 I hope.

 

[Rich2018]

I was not talking of states or the business owners.

You have perhaps heard that the warning on the box of masks does explain they to not prevent the wearer from getting CV19 I hope.

Masks absolutely help prevent the spread of COVID-19 but there are other ways to contract the disease.

eg: a virus can live on a surface for a time and you can contract the disease by touching that surface while the virus is still "alive" (I realize that might not be the correct word and hat there's a scientific debate as to whether a virus represents a life form).

So, I trust that because wearing a mask doesn't guarantee immunity, you reject wearing them ?

 

[Glitch]

From the American Bar Association

As a reminder, the 10th Amendment says, “Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

States also retain significant emergency powers to regulate public safety and health through their own state constitutions and legal precedent dating back to the early 1800s.

The federal government’s quarantine powers are limited to those things the feds control, like ports of entry, airspace and such. States each have specific laws that set out who has what authority. Here is a list of each state’s rules.

The Tenth Amendment does not give the States the authority to disregard the US Constitution. Even in declared emergencies the States and federal government are required to uphold the US Constitution at all times. No exceptions. As the Supreme Court held in Jacobson v. Massachusetts, 197 U.S. 11 (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.

Social distancing and masking mandates violates the Fifth and Fourteenth Amendments Due Process Clause and is therefore illegal. Social distancing mandates further violate the First Amendment's Freedom of Association Clause.

If the federal government, or the States, wish to impose a mandated mask or social distancing policy they must present evidence in a court of law that proves beyond a reasonable doubt the accused is infected, contagious, and a threat to the public on an individual by individual basis. Anything else is illegal.

 

[Rich2018]

...social distancing and masking mandates violates the Fifth and Fourteenth Amendments Due Process Clause and is therefore illegal. Social distancing mandates further violate the First Amendment's Freedom of Association Clause...

Life trumps the freedom of association, and social distancing doesn't prevent freedom of association, it merely restricts physical proximity

And due process has been followed

If the federal government, or the States, wish to impose a mandated mask or social distancing policy they must present evidence in a court of law that proves beyond a reasonable doubt the accused is infected, contagious, and a threat to the public on an individual by individual basis. Anything else is illegal.

No, in order to restrict the spread of COVID-19, the national executive do not need to win a case in the courts of every state.

Ignoring medical advice and NOT wearing a mask, is at best irresponsible and at worst criminal.

 

[AliHajiSheik]

The argument about federal land is a separate one from whether Biden can order wearing masks on Federal land. It is a reach to conflate them.

 

[bongsaway]

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.

Let us know when congress starts the proceedings. Until then....zzzzzzzzzzzz.

 

[Nickyjo]

Let us know when congress starts the proceedings. Until then....zzzzzzzzzzzz.

The Tenth Amendment does not give the States the authority to disregard the US Constitution. Even in declared emergencies the States and federal government are required to uphold the US Constitution at all times. No exceptions. As the Supreme Court held in Jacobson v. Massachusetts, 197 U.S. 11 (1905):

Social distancing and masking mandates violates the Fifth and Fourteenth Amendments Due Process Clause and is therefore illegal. Social distancing mandates further violate the First Amendment's Freedom of Association Clause.

If the federal government, or the States, wish to impose a mandated mask or social distancing policy they must present evidence in a court of law that proves beyond a reasonable doubt the accused is infected, contagious, and a threat to the public on an individual by individual basis. Anything else is illegal.

Go up to a cop while wearing no mask, throw your arms around him and exhale in his face. Bring a copy of Jacobson v Massachusetts with you to explain yourself.

 

[PIPEWRENCH]

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 am OK with it as long as the rules apply to Pelosi and the rest of the democratic leaders. This above law nonsense by them needs to end.

 

[Nickyjo]

I am OK with it as long as the rules apply to Pelosi and the rest of the democratic leaders. This above law nonsense by them needs to end.

Pelosi and other democratic leaders don’t wear masks?

 

[Rich2018]

I am OK with it as long as the rules apply to Pelosi and the rest of the democratic leaders. This above law nonsense by them needs to end.

Democrat leaders wear masks...it's the Republicans who don't.

 

[Glitch]

I am OK with it as long as the rules apply to Pelosi and the rest of the democratic leaders. This above law nonsense by them needs to end.

I'm never okay with government deliberately violating my constitutionally protected rights. It is truly a sad statement that you are. This is how we end up with things like the unconstitutional TSA. People don't care if their rights are intentionally violated by government, if they can be made to "feel" safe. Those are the people who don't deserve to have any of their rights protected. They are government slaves and should be treated as such.

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Banjamin Franklin.

 

[Glitch]

Go up to a cop while wearing no mask, throw your arms around him and exhale in his face. Bring a copy of Jacobson v Massachusetts with you to explain yourself.

No masks have ever been required in Alaska, and no State COP in Alaska has ever issued a citation for not wearing a mask. That is the difference between a Governor that abides by the US Constitution, and Democrat filth that intentionally violates the US Constitution.

 

[Glitch]

Pelosi and other democratic leaders don’t wear masks?

No, they do not. And you know they don't, so don't pretend ignorance. They are stereotypical leftist hypocrites. It is your blatant hypocrisy that defines you leftists.

 

[Nickyjo]

No masks have ever been required in Alaska, and no State COP in Alaska has ever issued a citation for not wearing a mask. That is the difference between a Governor that abides by the US Constitution, and Democrat filth that intentionally violates the US Constitution.

How is requiring masks a violation of the Constitution? Where is the ACLU when we need them? You seem to have issues, as your "Democrat filth" quote suggests. Quite a few of us filthies around.

 

[Nickyjo]

No, they do not. And you know they don't, so don't pretend ignorance. They are stereotypical leftist hypocrites. It is your blatant hypocrisy that defines you leftists.

Does your TV remote have a hide-a-mask switch? Cause I see lots of TV clips of Nancy, democrats, and even republicans wearing masks.

 

[eohrnberger]

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.

This actually shows how insular and narrow the perspective which that leftist extremist have.
If it isn't urban; if it isn't the bicoastal blue slivers; it doesn't enter their thought or decision making processes or consciousness, being relegated to 'fly over country' and not worthy of consideration in the least.
These are the people that are supposedly representing the entire country? Really?

 

[PIPEWRENCH]

Pelosi and other democratic leaders don’t wear masks?

Not when she is getting her hair done at the hairdresser. It wouldn't be so bad if she had not closed down all the hairdressers to us peasants she rules over. You know the rules she makes for the rest of us that don't apply to the privileged democrat rulers.

 

[PIPEWRENCH]

Democrat leaders wear masks...it's the Republicans who don't.

They only follow the rules when it suits them. They close the restaurants down in their state then go to a restaurant in a state that has not closed them down. They put in travel bans that don't apply to them. The list goes on and on.

 

[PIPEWRENCH]

I'm never okay with government deliberately violating my constitutionally protected rights. It is truly a sad statement that you are. This is how we end up with things like the unconstitutional TSA. People don't care if their rights are intentionally violated by government, if they can be made to "feel" safe. Those are the people who don't deserve to have any of their rights protected. They are government slaves and should be treated as such.

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Banjamin Franklin.

I think in pandemic, war, and other emergency situations the constitution should be flexible. With that said I am not going to wear a mask riding my bicycle, hiking, hunting, etc. no matter how many stupid executive orders are made by our braindead leaders. The sad fact is I want to go shopping but I also want to be safe doing it. Without rules and even with rules there is always the idiot without a mask right in your face or oblivious of what is going on. I remember when this pandemic started I had person in Walmart actually rubbing up against me trying to get to the avocados. I said hey how about 6' social distancing. Of course he did not speak English so that was a waste of time.

 

[Nickyjo]

Not when she is getting her hair done at the hairdresser. It wouldn't be so bad if she had not closed down all the hairdressers to us peasants she rules over. You know the rules she makes for the rest of us that don't apply to the privileged democrat rulers.

Oh give me a break. So Pelosi or Newsome screwed up once. Big deal. They are both seen wearing masks regularly. Their actions pale in comparison to right wingers denials, armed threats of the gov and occupation in Michigan, and Trump's colossal, year long screw up. Gone by Easter, he said last year (Maybe Easter 2022), super spreader events, etc.
And I apologize in advance if you attacked Trump for not having the rules of law and common decency apply to him, but can you refer me to those instances.

 

[craig]

Oh give me a break. So Pelosi or Newsome screwed up once. Big deal. They are both seen wearing masks regularly. Their actions pale in comparison to right wingers denials, armed threats of the gov and occupation in Michigan, and Trump's colossal, year long screw up. Gone by Easter, he said last year (Maybe Easter 2022), super spreader events, etc.
And I apologize in advance if you attacked Trump for not having the rules of law and common decency apply to him, but can you refer me to those instances.

You guys worry about bullshit that doesn.t matter. If it does then prove it.

 

[Nickyjo]

You guys worry about bullshit that doesn.t matter. If it does then prove it.

COVID matters.