Can someone please find the law that gives the government the right to do what they are doing

confused lawyer wrote:

This is American right? So what law GIVES the government the right to shut down all business till they are Dam well ready to open them? What law says you must have a mask on or face arrest? Infact most of what is going on, l can't find a law for it. Who would have that in the United States Of America you are told and forced to do some of the things that are going on, with basically nothing in the Constitution to back it up or any law.

You obviously are not a lawyer. States, cities, and counties have always had the power to close schools, restaurants, roads due to weather, outbreaks, or any other reason in the name of public safety. You are obviously a moron who believes that just because we live in America that you get to do anything you want. If you were a lawyer, you would know that most of our laws are based on English common law, and the 10th Amendment gives that power to the states to do it.

Pretty clear with your horrible writing that you aren't college-educated at all, let alone smart enough to go get a JD.

Shut up dope.

My state, and I'm assuming every state, has laws on the books relating to the emergency powers available to the governor.

Try this thing called google.

If you are going to argue this is not a situation worth of an emergency declaration, I would ask how you felt about Donald Ducks various national emergency declaration relating to his vanity wall and ill conceived tariff imposing exercises.

How dumb are you?

It doesn't give some of the carte blanche authority they are pulling. As long as your spewing insults; before you insult someone make sure that your grammar is correct too. Also you're not a lawyer!! Probably just a pissed off Democrat. For your information AZz face some of the actions that are going on cross that line, but due to public safety they are getting away with it. Now go back to your little cave. One last thing that proves your lack of education; last l checked government included state, local, and federal. You are not a lawyer, but an uneducated Democrat who is trolling the boards. The never of a javkazz like you calling someone out for their writing skills when you have mistakes on your post too.

bcbgxsrgxf3453 wrote:

If you are going to argue this is not a situation worth of an emergency declaration, I would ask how you felt about Donald Ducks various national emergency declaration relating to his vanity wall and ill conceived tariff imposing exercises.

How dumb are you?

I know that the government has the power for emergency declarations, but some of the actions they are taking seriously call in to question their power.

A real lawyer wrote:

[quote]confused lawyer wrote:

This is American right? So what law GIVES the government the right to shut down all business till they are Dam well ready to open them? What law says you must have a mask on or face arrest? Infact most of what is going on, l can't find a law for it. Who would have that in the United States Of America you are told and forced to do some of the things that are going on, with basically nothing in the Constitution to back it up or any law.

You obviously are not a lawyer. States, cities, and counties have always had the power to close schools, restaurants, roads due to weather, outbreaks, or any other reason in the name of public safety.

By what law. That's the question Can you answer it?

Korematsu v. United States should clear up any idea that we actually have rights in this country.

confused lawyer wrote:

bcbgxsrgxf3453 wrote:

If you are going to argue this is not a situation worth of an emergency declaration, I would ask how you felt about Donald Ducks various national emergency declaration relating to his vanity wall and ill conceived tariff imposing exercises.

How dumb are you?

I know that the government has the power for emergency declarations, but some of the actions they are taking seriously call in to question their power.

Be specific. Which actions call in to question their power? Which actions break which law?

6/10

Hackish and over the top with the misspellings and all, but you got a number or people to bite with earnest angry remarks.

I am a lawyer. You are not. Your post didn't just have some mistakes. It was nearly unreadable. And, you are wrong abut the law. The governments absolutely do have the power to do what they are doing. You are simply wrong.

Giles Corey wrote:

A real lawyer wrote:

[quote]confused lawyer wrote:

This is American right? So what law GIVES the government the right to shut down all business till they are Dam well ready to open them? What law says you must have a mask on or face arrest? Infact most of what is going on, l can't find a law for it. Who would have that in the United States Of America you are told and forced to do some of the things that are going on, with basically nothing in the Constitution to back it up or any law.

You obviously are not a lawyer. States, cities, and counties have always had the power to close schools, restaurants, roads due to weather, outbreaks, or any other reason in the name of public safety.

By what law. That's the question Can you answer it?

Yes, I am a lawyer. Governors have executive powers and have almost unlimited authority when it comes to statewide emergencies. In some states, some executive powers are subject to legislative review, but historically, pretty much what a governor declares during an emergency goes. This power is given to them by the US Constitution as I mentioned earlier. Individual laws come about when there is a challenge to a Constitutional power. If you don't like what your governor or mayor is doing, feel free to challenge it legally. You will lose. Governors absolutely get to determine what actions to take during an emergency. It's constitutional.

Wow, I’ve never seen an OP get so utterly humiliated more than in this discussion. I’ve even seen dumber claims than this one and yet none were so thoroughly and unambiguously refuted and intellectually dragged through the mud.

josh1988 wrote:

Korematsu v. United States should clear up any idea that we actually have rights in this country.

I know Wikipedia is no authority on these matters but read what they say under the sub-heading “subsequent history” on that ruling.

confused lawyer wrote:

As long as your spewing insults; before you insult someone make sure that your grammar is correct too.

I agree with the 6/10 that was awarded above for this poster's trollage.

Trollage doesn't have to be of high quality to be entertaining. Well played, sir/ma'am.

bcbgxsrgxf3453 wrote:

If you are going to argue this is not a situation worth of an emergency declaration, I would ask how you felt about Donald Ducks various national emergency declaration relating to his vanity wall and ill conceived tariff imposing exercises.

How dumb are you?

And the border wall would "only" cost $21 billion... This stimulus package I would argue was not needed, and it's more than $2.2 TRILLION and could become more. Why did everyone need to be given a stimulus check if they already beefed up the unemployment by $600 per WEEK? That's insane, $2400 in a month for not doing anything, on top of the regular unemployment?? That's madness. If people don't like the wall because it's a waste of tax payers money, they should be furious about this stimulus. But it's probably the opposite. For some reason democrats are all in favor of the shutdowns and don't give a crap about the economy. I'll be paying off this new national debt later in life. Which is a new topic, when does the national debt start to matter? Right now we're just piling it on, this stimulus threw a huge chunk on. This will be an additional $100 Billion in interest paid every year alone. We're getting to the point where most of tax revenue pays interest on the debt and not on useful things, thus requiring more debt to accumulate.

And look at the cost wrote:

Which is a new topic, when does the national debt start to matter?

It'll start to matter when there's a Democrat in the White House and/or a Democratic majority in the Senate again.

GOPers have certainly demonstrated, repeatedly, that they couldn't care less about deficits/debt when they hold the White House. If the Dems should win the presidency this year, *then* the Republicans will turn back into deficit hawks--not before.

Their hypocrisy is breathtaking, but entirely in line with where most GOP politicians are nowadays. Now most don't even make a pretense of operating in the national interest--it's about power and being re-elected, period.

OP, I do understand and appreciate your point of view. However, governments in the United States have the power to enact stay-in-place measures to combat the spread of COVID-19 under the government's "police powers" authority in the United States Constitution. This is primarily enumerated in the Tenth Amendment. You probably reviewed this concept , and the various tests the courts apply when review police powers, at some point during law school or preparation for the bar exam, no? Anyway, the police powers are the governments' broad authority to enact and enforce legislation for the protection of the general welfare. I recommend that you review, for example, Friends of DeVito v. Wolf (https://scholar.google.com/scholar_case?case=18267839814984104422&q=DeVito+v.+Wolf&hl=en&as_sdt=6,33). DeVito covers police powers as they relate to COVID in detail.

Smothered Burrito Goodness wrote:

OP, I do understand and appreciate your point of view. However, governments in the United States have the power to enact stay-in-place measures to combat the spread of COVID-19 under the government's "police powers" authority in the United States Constitution. This is primarily enumerated in the Tenth Amendment. You probably reviewed this concept , and the various tests the courts apply when review police powers, at some point during law school or preparation for the bar exam, no? Anyway, the police powers are the governments' broad authority to enact and enforce legislation for the protection of the general welfare. I recommend that you review, for example, Friends of DeVito v. Wolf (

https://scholar.google.com/scholar_case?case=18267839814984104422&q=DeVito+v.+Wolf&hl=en&as_sdt=6,33

). DeVito covers police powers as they relate to COVID in detail.

More specifically, under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states. Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to detain, medically examine, and release persons arriving into the United States and traveling between states who are suspected of carrying these communicable diseases. Federal quarantine laws were last used during the Spanish Flu.

Most of the current corona virus restrictions are the product of state laws. Most states have very detailed health codes and regulations that set forth how state and local officials can respond to an outbreak of communicable diseases. My state, Texas, has the Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81 and the supporting regulations at 25 Tex. Admin. Code sec. 97.1 et seq. Here is a very specific subsection on control measures:

(3) Control techniques, including disinfection, environmental sanitation, immunization, chemoprophylaxis, isolation, preventive therapy, quarantine, education, prevention, and other accepted measures shall be instituted as necessary to reduce morbidity and mortality. In establishing quarantine or isolation, the health authority shall designate and define the limits of the areas in which the persons are quarantined or isolated.

25 Tex Admin Code 97.8(3)

Most states have very similar statutes and regulations. These laws have been on the books for decades and are nothing new. The are constitutional per the above post. Of all the things that our governments do, responding to a pandemic is probably the most well thought out in terms of the legislation and regulation that authorizes the current actions you are seeing to try to fight the corona virus. This is not something that was made up on the spot for political purposes.

confused lawyer wrote:

This is American right? So what law GIVES the government the right to shut down all business till they are Dam well ready to open them?

This is EXACTLY what government is for. At times they are here to represent us, do what WE agree is in the best interest of our country (often not enough, but topic for another time), and other times to protect the people from themselves. Anybody who feels that the best course of action is to go all "MURICA" on this virus is ignorant, at best. Because this administration was significantly under prepared for this, it does require time to get things in order. We simply don't know enough about the virus to go charging back into our regular lives as if we will all be fine.