What we are seeing now from Inslee isn't TDS in my opinion. It's finding an opportunity to assert government's power and also it's snowflake behavior. This is about asserting power and feeling important.
What we are seeing now from Inslee isn't TDS in my opinion. It's finding an opportunity to assert government's power and also it's snowflake behavior. This is about asserting power and feeling important.
What we are seeing now from Inslee isn't TDS in my opinion. It's finding an opportunity to assert government's power and also it's snowflake behavior. This is about asserting power and feeling important.
So how do you feel about Trump regulating travel? OK? Not ok?
What we are seeing now from Inslee isn't TDS in my opinion. It's finding an opportunity to assert government's power and also it's snowflake behavior. This is about asserting power and feeling important.
And it’s all a hoax.
You are one fortunate person HH. You survived the hands up crisis. I thought for sure you were going to be shot by a Cop. Then when the Russians invaded the country, helped by Trump, somehow you avoided slaughter. Now with this latest pandemic, you miraculously have avoided death. Be honest, are you holed up in a concrete underground bunker with 7 months worth of supplies? I mean millions have been slaughtered by the Cops, Russians and now the Coronavirus, how did you get so lucky?
Has anyone seen reporting on Trumpisnlee's legal authority to do this?
I meant to post this from Nip or is it Nap. By the way Nip Nap also thinks Trump should veto the latest FISA crap passed by Congress. My favorite Never Trumper
All this is the background of an issue lurking beneath the headlines this week. Can the government quarantine people without proof of contagion and imminent assault? The short answer is no.
We know that, under the Fifth Amendment, if any government – state or federal – wants to impair the life, liberty or property of any person, it must follow due process.
Due process has two components – substantive and procedural. The substantive component asks if the impairment of liberty is proper to the government that seeks the impairment, and the procedural component asks if the impairment has come about fairly.
Now back to what the feds can do and what the states can do in a public health crisis. There are no emergency provisions or triggers in the Constitution; yet, Congress gave itself the power to regulate public health and safety under various pretexts.
The pretexts exist because the nanny-state urge of members of Congress to regulate is confronted by the reservation in the 10th Amendment of health and safety to the states. Those pretexts are regulating commerce and all that affects commerce, and paying the states to do Congress' will.
Stated differently, the Supreme Court has ruled that both the federal government and the states can confine a person who has not committed a crime, or one who has but has served one’s full sentence, in order to protect society from the person's intentional or uncontrollable harmful tendencies.
It is contrary to the plain meaning of the Constitution for Congress to give itself powers that were not delegated to it by the Constitution, but the courts have permitted this. Yet, even in the case of a lunatic who has committed a crime and served his full sentence but remains dangerous, the courts have recognized constitutional safeguards to protect his natural rights.
Now back to our question of whether the government – state or federal – can confine persons against their will in order to protect public health. The short answer is yes, but the Constitution requires procedural due process. That means a trial for every person confined.
Thus, a government-ordered quarantine of all persons in a city block or a postal ZIP code or a telephone area code would be an egregious violation of due process, both substantive and procedural. Substantively, no government in America has the lawful power to curtail natural rights by decree.
Procedurally, notwithstanding the fear of disease contagion, the states and feds may only quarantine those who are actively contagious and will infect others imminently. And it must present evidence of both at a trial at which it bears the burden of proof.
What we are seeing now from Inslee isn't TDS in my opinion. It's finding an opportunity to assert government's power and also it's snowflake behavior. This is about asserting power and feeling important.
And it’s all a hoax.
You are one fortunate person HH. You survived the hands up crisis. I thought for sure you were going to be shot by a Cop. Then when the Russians invaded the country, helped by Trump, somehow you avoided slaughter. Now with this latest pandemic, you miraculously have avoided death. Be honest, are you holed up in a concrete underground bunker with 7 months worth of supplies? I mean millions have been slaughtered by the Cops, Russians and now the Coronavirus, how did you get so lucky?
I’m in a hotel. Eating my meals in various restaurants and risking death at any moment every day.
Has anyone seen reporting on Trumpisnlee's legal authority to do this?
I meant to post this from Nip or is it Nap. By the way Nip Nap also thinks Trump should veto the latest FISA crap passed by Congress. My favorite Never Trumper
All this is the background of an issue lurking beneath the headlines this week. Can the government quarantine people without proof of contagion and imminent assault? The short answer is no.
We know that, under the Fifth Amendment, if any government – state or federal – wants to impair the life, liberty or property of any person, it must follow due process.
Due process has two components – substantive and procedural. The substantive component asks if the impairment of liberty is proper to the government that seeks the impairment, and the procedural component asks if the impairment has come about fairly.
Now back to what the feds can do and what the states can do in a public health crisis. There are no emergency provisions or triggers in the Constitution; yet, Congress gave itself the power to regulate public health and safety under various pretexts.
The pretexts exist because the nanny-state urge of members of Congress to regulate is confronted by the reservation in the 10th Amendment of health and safety to the states. Those pretexts are regulating commerce and all that affects commerce, and paying the states to do Congress' will.
Stated differently, the Supreme Court has ruled that both the federal government and the states can confine a person who has not committed a crime, or one who has but has served one’s full sentence, in order to protect society from the person's intentional or uncontrollable harmful tendencies.
It is contrary to the plain meaning of the Constitution for Congress to give itself powers that were not delegated to it by the Constitution, but the courts have permitted this. Yet, even in the case of a lunatic who has committed a crime and served his full sentence but remains dangerous, the courts have recognized constitutional safeguards to protect his natural rights.
Now back to our question of whether the government – state or federal – can confine persons against their will in order to protect public health. The short answer is yes, but the Constitution requires procedural due process. That means a trial for every person confined.
Thus, a government-ordered quarantine of all persons in a city block or a postal ZIP code or a telephone area code would be an egregious violation of due process, both substantive and procedural. Substantively, no government in America has the lawful power to curtail natural rights by decree.
Procedurally, notwithstanding the fear of disease contagion, the states and feds may only quarantine those who are actively contagious and will infect others imminently. And it must present evidence of both at a trial at which it bears the burden of proof.
'
You remember that Colorado guy right? Nap. He was so convinced it was going to make him look inside or something. As if knowing a D1 athlete is like being friends Mic Jagger or something anyway.
Comments
Backlash coming bigtime
Good job soldier now fuck off
https://foxnews.com/opinion/goverment-restrict-public-health-judge-andrew-napolitano
All this is the background of an issue lurking beneath the headlines this week. Can the government quarantine people without proof of contagion and imminent assault? The short answer is no.
We know that, under the Fifth Amendment, if any government – state or federal – wants to impair the life, liberty or property of any person, it must follow due process.
Due process has two components – substantive and procedural. The substantive component asks if the impairment of liberty is proper to the government that seeks the impairment, and the procedural component asks if the impairment has come about fairly.
Now back to what the feds can do and what the states can do in a public health crisis. There are no emergency provisions or triggers in the Constitution; yet, Congress gave itself the power to regulate public health and safety under various pretexts.
The pretexts exist because the nanny-state urge of members of Congress to regulate is confronted by the reservation in the 10th Amendment of health and safety to the states. Those pretexts are regulating commerce and all that affects commerce, and paying the states to do Congress' will.
Stated differently, the Supreme Court has ruled that both the federal government and the states can confine a person who has not committed a crime, or one who has but has served one’s full sentence, in order to protect society from the person's intentional or uncontrollable harmful tendencies.
It is contrary to the plain meaning of the Constitution for Congress to give itself powers that were not delegated to it by the Constitution, but the courts have permitted this. Yet, even in the case of a lunatic who has committed a crime and served his full sentence but remains dangerous, the courts have recognized constitutional safeguards to protect his natural rights.
Now back to our question of whether the government – state or federal – can confine persons against their will in order to protect public health. The short answer is yes, but the Constitution requires procedural due process. That means a trial for every person confined.
Thus, a government-ordered quarantine of all persons in a city block or a postal ZIP code or a telephone area code would be an egregious violation of due process, both substantive and procedural. Substantively, no government in America has the lawful power to curtail natural rights by decree.
Procedurally, notwithstanding the fear of disease contagion, the states and feds may only quarantine those who are actively contagious and will infect others imminently. And it must present evidence of both at a trial at which it bears the burden of proof.
Every person in the quarantine needs a day in court
You remember that Colorado guy right? Nap. He was so convinced it was going to make him look inside or something. As if knowing a D1 athlete is like being friends Mic Jagger or something anyway.
God that guy was a tool. And stupid.
Inslee is cumquat
but sounds neat