If 'Congress Shall Make No Law…' Why Can Governors?

[Dashinka 24,629]

1 hour ago, Steeleballz said:

 

    A better opinion, and thus better argument, would not have ignored the existence of the 10th amendment. 

You do know that the 10th Amendment does not allow states to restrict those rights enumerated right?  Also, the 10th Amendment is not reserved solely for the States, it also mentions the People.

[Steeleballz 7,550]

30 minutes ago, Dashinka said:

You do know that the 10th Amendment does not allow states to restrict those rights enumerated right?  Also, the 10th Amendment is not reserved solely for the States, it also mentions the People.

 

     Right, and I also know congress has "passed no law" restricting those rights. Neither have states for that matter. What they are doing is currently legal. I'm sure challenges will come, but I think few of them will accomplish what some here think they will. It's not going to be so much about "not doing" as it will be about "how to do it".

 

    Emergency powers were not made up last week. They have passed the state legislative process and comply with federal law. "For the people" generally comes down to "by the people". The laws in your state are all passed by people elected to represent the people of your state. If you don't approve, why don't you elect politicians who actually represent your values. You guys did vote your governor into office right? 

[yuna628 9,686]

Either states have rights or they don't. I'm so confused. Most of the time it's argued that states rights are critical for the survival of our society... until it's something the state takes the right to do that someone doesn't agree with. Funny how that works.

[Nature Boy 2.0 8,376]

1 hour ago, yuna628 said:

Either states have rights or they don't. I'm so confused. Most of the time it's argued that states rights are critical for the survival of our society... until it's something the state takes the right to do that someone doesn't agree with. Funny how that works.

the ideas of rights not specifically enumerated etc, left the building about 1865 or so

[TBoneTX 45,571]

This thread has nothing to do with abortion, so anyone who wants to discuss that should find or start a different thread.  Thanks.

[TBoneTX 45,571]

19 hours ago, TBoneTX said:

The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."  That’s unambiguous.  Not "pretty unambiguous," just unambiguous.  Full stop.

Atty. Gen. Barr has expressed concern about some of what's going on with the states.

Sounds like a complete lack of due process, for one.

[Dashinka 24,629]

8 hours ago, TBoneTX said:

Atty. Gen. Barr has expressed concern about some of what's going on with the states.

Sounds like a complete lack of due process, for one.

He should be.  States do not or should not have the ability to limit the rights spelled out in the Constitution even during an emergency.  Can you imagine if the governor of Utah decided to establish Mormonism as the state religion during an emergency, or the governor of CA, censoring the media in the same instance?   Heck, what if the MI governor eliminated the 4th amendment and also decided to confiscate weapons?  An emergency should not give a governor carte blanche to trample the constitution.

[sl1pstream 551]

1 hour ago, Dashinka said:

Can you imagine if the governor of Utah decided to establish Mormonism as the state religion during an emergency, 

School boards already have the power to make schools teach creationism instead of evolution, outside of an emergency. Christianity is already the de facto religion in the US, even though there's supposed to be separation of church and state.

Edited May 4, 2020 by sl1pstream

[Dashinka 24,629]

24 minutes ago, sl1pstream said:

School boards already have the power to make schools teach creationism instead of evolution, outside of an emergency. Christianity is already the de facto religion in the US, even though there's supposed to be separation of church and state.

Not really the point now is it.

[sl1pstream 551]

Just now, Dashinka said:

Not really the point now is it.

Considering that the separation of church and state is in the constitution, but it's totally okay to have a daily prayer in congress, or let local school boards force their religion on students, it is sort of the point.
The constitution is already being violated on a daily basis and everyone is okay with some of those violations. It's just that when it slightly inconveniences conservatives that it becomes a problem.There's a pandemic and people are doing everything they can to save lives.
For all the screaming about State Rights conservatives have done over the years, it's ridiculous to see them completely dismiss those rights when it comes to a threat with an absolute need for localized policies. Especially when the federal government has decided that states are mostly on their own in this.

[Dashinka 24,629]

4 minutes ago, sl1pstream said:

Considering that the separation of church and state is in the constitution, but it's totally okay to have a daily prayer in congress, or let local school boards force their religion on students, it is sort of the point.
The constitution is already being violated on a daily basis and everyone is okay with some of those violations. It's just that when it slightly inconveniences conservatives that it becomes a problem.There's a pandemic and people are doing everything they can to save lives.
For all the screaming about State Rights conservatives have done over the years, it's ridiculous to see them completely dismiss those rights when it comes to a threat with an absolute need for localized policies. Especially when the federal government has decided that states are mostly on their own in this.

Having a daily prayer in Congress, or anywhere else for that matter is not the same as a law establishing a state religion, of infringing on the free exercise thereof.  Regardless, this thread is about government over reach and trampling on the Constitution.  You seem to be focused on one ludicrous example I put forth.  The point was what if the governors or the the state legislators decided to ignore the US Constitution and the rights of the people enumerated therein emergency or not.

[sl1pstream 551]

7 minutes ago, Dashinka said:

You seem to be focused on one ludicrous example I put forth.

Then don't put forth ludicrous examples. Either way, this wasn't just about your ludicrous examples:
 

Quote

The constitution is already being violated on a daily basis and everyone is okay with some of those violations. It's just that when it slightly inconveniences conservatives that it becomes a problem.There's a pandemic and people are doing everything they can to save lives.
For all the screaming about State Rights conservatives have done over the years, it's ridiculous to see them completely dismiss those rights when it comes to a threat with an absolute need for localized policies. Especially when the federal government has decided that states are mostly on their own in this.

But of course you focused on my response to your, by your own admission ludicrous, example.

[Dashinka 24,629]

2 minutes ago, sl1pstream said:

Then don't put forth ludicrous examples. Either way, this wasn't just about your ludicrous examples:
 

But of course you focused on my response to your, by your own admission ludicrous, example.

Yep, pointless.  I am glad to hear you are in favor of giving up your freedoms.

[Randyandyuni 2,682]

32 minutes ago, Dashinka said:

Yep, pointless.  I am glad to hear you are in favor of giving up your freedoms.

He just likes to argue, makes incredulous wild statements and then tries to defend them, trying to impress somebody I guess

[Voice of Reason 10,298]

Well, I spent a few nights on the couches of socialists, so I know more about socialism than y'all do.  And it really works, believe me.  That's why so many dems are now emigrating to Venezuela, where the government can take better care of them.