>Just because Congress didn't make the gubernatorial orders doesn't excuse state governors from these constitutional rights violations.
They aren't constitutional rights violations by definition. Congress (and, explicitly, as written, only Congress as a body) is prevented from passing laws at a national level forcing states to violate their citizens' right to speech and assembly, but states have the right to do so of their own accord (as states by default claim all powers not given to the Federal government), and precedent has allowed it under exigent circumstances, such as 9/11 and prior pandemics.
One could argue that the lockdown orders are unnecessary, but I think that would only be apparent in hindsight, and even then it would turn out to be a misuse of power that states legitimately have, but not abuse or an unlawful exercise of power, unless certain conspiracy theories about "globalist elites" turned out to be true (spoiler: they won't.)
> They aren't constitutional rights violations by definition.
IANAL, but pretty sure that’s not how it works. Articles incorporated against the State prevent the State from passing laws that violate the Article.
The Attorney General specifically has told the DOJ to be on the lookout for over-reach by the States in these lockdown orders.
krapp|5 years ago
They aren't constitutional rights violations by definition. Congress (and, explicitly, as written, only Congress as a body) is prevented from passing laws at a national level forcing states to violate their citizens' right to speech and assembly, but states have the right to do so of their own accord (as states by default claim all powers not given to the Federal government), and precedent has allowed it under exigent circumstances, such as 9/11 and prior pandemics.
One could argue that the lockdown orders are unnecessary, but I think that would only be apparent in hindsight, and even then it would turn out to be a misuse of power that states legitimately have, but not abuse or an unlawful exercise of power, unless certain conspiracy theories about "globalist elites" turned out to be true (spoiler: they won't.)
zaroth|5 years ago
IANAL, but pretty sure that’s not how it works. Articles incorporated against the State prevent the State from passing laws that violate the Article.
The Attorney General specifically has told the DOJ to be on the lookout for over-reach by the States in these lockdown orders.