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In a National Emergency, Does the Constitution Still Apply?

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Posted By: cThree, 4/23/2020 5:15:13 AM

An essential principle of the United States is that it is a free country, with individual liberties guaranteed, and government power limited. That concept is now being tested. A deadly worldwide pandemic has led to draconian lockdowns, forced closings of businesses, and even mandatory “stay at home” orders, some with Orwellian, friendly sounding names like “Safer at Home” (Snip) Not only has this crisis given government officials with authoritarian impulses an opportunity to rule by decree, it has exposed the lamentable fact that most Americans tend to willingly obey such “orders” without even questioning whether they are legally valid.

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The nightmare version of Field of Dreams: If you let them, they will do it.

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Reply 1 - Posted by: chumley 4/23/2020 6:24:54 AM (No. 388424)
It is difficult to find the words to describe how disappointed I am with my countrymen. So many have given so much to secure those rights, and a sizable portion of our population is not only willing, but is anxious to lose them. They surrender them at the drop of a hat and mock or shame those who will not. I read somewhere that less than 10% actually participated in the American Revolution. After this, I believe it.
19 people like this.

Reply 2 - Posted by: Toby Ten Bears 4/23/2020 6:55:17 AM (No. 388445)
Apparently not. But Trump still disagrees with opening the economy back up. What???
3 people like this.

Reply 3 - Posted by: GO3 4/23/2020 7:57:45 AM (No. 388518)
Great article. Needs to be sent to all the county judges around here. And I agree with #1. The slavish devotion to to the fear mongering on the evening news is disgusting. I don't wear a mask, and the when I encounter those that do they look at me as the if I had the plague. How did we get to this?
10 people like this.

Reply 4 - Posted by: tsquare 4/23/2020 8:03:39 AM (No. 388525)
In my state, actions such as a stay at home order are clearly unconstitutional. The right of our people is at the front of the constitution, and cannot be altered without a two thirds majority in both our legislative chambers. The order comes from our department of health, pursuant to legislation that is not allowed by the stare constitution, delegated unlimited powers as it pertains to health(and the US Supreme Court t has found this type of delegation federally unconstitutional. I think much of our state community responded because, whether constitutional or not, the order seemed to make public health sense. However, for several reasons, stay at home has run its course. Its just a matter of weeks before the order gets judicial challenge if it is not lifted.
7 people like this.

Reply 5 - Posted by: chance_232 4/23/2020 9:13:42 AM (No. 388609)
Stupidity isnt unconstitutional. Forced shutdows, criminalizing religious services and forced mask wearing are.
8 people like this.

Reply 6 - Posted by: msjena 4/23/2020 9:22:32 AM (No. 388623)
To be legal and enforceable, stay at home orders either need to be by legislative action or by the legislature giving the executive emergency powers. They also need to be narrowly tailored to the least restrictive alternative to avoid violating the right to assemble, the right to travel and other Constitutional rights. To its credit, the Chicago City Council refused to give Lori Lightfoot emergency authority.
5 people like this.

Reply 7 - Posted by: panther361 4/23/2020 9:30:48 AM (No. 388631)
This is pretty much what it looks like when an old fashioned way of life is not to be found: common sense.
2 people like this.

Reply 8 - Posted by: HotRod 4/23/2020 10:34:37 AM (No. 388716)
The Constitution is especially applicable during a National Emergency. Powers given to proper authorities are documented. The problem is that politicians, judges, and some law enforcement agencies try to assume powers they do not have. Unfortunately, too many people do not know any better and tolerate- or even support- the little dictators!\ However, people seem to be waking up to the abuses, as evidenced by the protests.
2 people like this.

Reply 9 - Posted by: MDConservative 4/23/2020 10:40:29 AM (No. 388730)
Americans failed this test. They will fail in the future. Those of ill-will will use the lessons taught by this journey into a little bit of dictatorship. Don't think those future applications are far into the future, either. Months, not years, before the "experts" declare a resurgence, greater danger, our HEROES called into action again to self-quarantine or worse. And it's not just the libs/Dems, either. Don't kid yourself into thinking the GOP will do better. Take a look at Ohio, for example. Or Maryland...
7 people like this.

Reply 10 - Posted by: Chuzzles 4/23/2020 11:21:23 AM (No. 388783)
Yes it does, more than ever. For there are instructions regarding how the government needs to act to protect the nation. Problem is, most members of congress, and all of the media, ignore the constitution because it prevents them from personal gain during these times of crisis.
0 people like this.

Reply 11 - Posted by: Strike3 4/23/2020 11:44:34 AM (No. 388816)
Outside of martial law being declared, the Constitution and Bill of Rights stand firm. All of these petty tyrants are actually breaking the law with their stupid rules and we need to make them pay for their mistakes one way or the other. It doesn't help that the 50% of the country that is liberal and stupid is on their side.
3 people like this.

Reply 12 - Posted by: ginadee 4/23/2020 12:05:15 PM (No. 388834)
I would not challenge the Constitution. It is the glue that hold us all together only if we follow it and honor it. Let us not disgrace it over politics and the challenges we face as a nation and as Americans. As Americans we can weather this horrible storm we are faced with. Pray, believe and pray some more. Never give up the faith. Never!
0 people like this.

Reply 13 - Posted by: DVC 4/23/2020 12:26:43 PM (No. 388887)
Excellent question.
1 person likes this.

Reply 14 - Posted by: Geoman 4/23/2020 1:47:06 PM (No. 388994)
The answer to the headline's question is strictly up to the People and what they will tolerate. We know that the People will tolerate a deep state coup attempt against their president, so they may or may not tolerate essentially the same folks suspending the Constitution. I sincerely hope not.
1 person likes this.

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