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Constitutional crisis question....
Posted: Sat Mar 14, 2020 3:01 am
by kalm
Enlisting the help of the CS Community’s brightest legal minds (and Ivytalk
)
Does Governor Jay Inslee have the authority to order a limit on the size of public gatherings in Washington State?
Example given to me in a Facebook discussion is what about funerals. Does it violate the right to free assembly and religion? If your the 251st attendee the doors are locked?
Does federal law override this?
This might be an ongoing issue in many states over various actions so feel free to open it up with other examples.
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 4:06 am
by Baldy
There could be federal ramifications, but states are sovereign. What power Inslee has depends on your state's laws. If the governor declares a state of emergency (with the legislature's approval) it gives him broad power to do things like crowd control limiting certain rights and privileges, etc.
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 4:07 am
by Ivytalk
Interesting question, Dennis!
I can’t speak for your state, but the Delaware constitution vests “supreme executive powers“ in the Governor, without delineating the precise contours of those powers. OTOH, Article XVII of the Delaware constitution vests in the General Assembly the power to enable “continuity of State and local government operations in periods of emergency resulting from enemy attack, terrorism,
disease, accident, or other natural or man-made disaster” by any “necessary or proper” means. So you could argue that, at the very least, our legislature must be involved in such a decision to some extent.
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 5:29 am
by kalm
Thanks you guys! The last line seems to be relevant, no?
SECTION 11
RELIGIOUS FREEDOM.
Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or prop- erty on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 8:14 am
by CID1990
Here’s a thought-
Get your gov to get Trump’s endorsement on his limiting free association and public gathering in WA state
Then the ACLU or others will have a fit and seek a successful injunction from the 9th circuit
Then Reektreep will cheerlead the injunction on CS because Trimp
Then SCOTUS vacates the injunction 5-4 and al the AZs and JMUs declare victory, because Trimp
And then we create a thread about it on CS, where John OCDOnge reminds us in no less than 5000 words how none of this would have happened if the atrocity who is Trimp had not been elected, and how polls show that Nancy Pelosi would have easily beaten him in the 2016 election
Sent from my iPhone using Tapatalk
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 9:09 am
by Chizzang
CID1990 wrote: ↑Sat Mar 14, 2020 8:14 am
Here’s a thought-
Get your gov to get Trump’s endorsement on his limiting free association and public gathering in WA state
Then the ACLU or others will have a fit and seek a successful injunction from the 9th circuit
Then Reektreep will cheerlead the injunction on CS because Trimp
Then SCOTUS vacates the injunction 5-4 and al the AZs and JMUs declare victory, because Trimp
And then we create a thread about it on CS, where John OCDOnge reminds us in no less than 5000 words how none of this would have happened if the atrocity who is Trimp had not been elected, and how polls show that Nancy Pelosi would have easily beaten him in the 2016 election
Re: Constitutional crisis question....
Posted: Sat Mar 14, 2020 9:27 am
by UNI88
kalm wrote:Enlisting the help of the CS Community’s brightest legal minds (and Ivytalk
)
Does Governor Jay Inslee have the authority to order a limit on the size of public gatherings in Washington State?
Example given to me in a Facebook discussion is what about funerals. Does it violate the right to free assembly and religion? If your the 251st attendee the doors are locked?
Does federal law override this?
This might be an ongoing issue in many states over various actions so feel free to open it up with other examples.
I'll trade you Kate Brown and a first round draft pick for Inslee.
Sent from my XT1650 using Tapatalk
Re: Constitutional crisis question....
Posted: Mon Mar 16, 2020 1:23 pm
by GannonFan
CID1990 wrote: ↑Sat Mar 14, 2020 8:14 am
Here’s a thought-
Get your gov to get Trump’s endorsement on his limiting free association and public gathering in WA state
Then the ACLU or others will have a fit and seek a successful injunction from the 9th circuit
Then Reektreep will cheerlead the injunction on CS because Trimp
Then SCOTUS vacates the injunction 5-4 and al the AZs and JMUs declare victory, because Trimp
And then we create a thread about it on CS, where John OCDOnge reminds us in no less than 5000 words how none of this would have happened if the atrocity who is Trimp had not been elected, and how polls show that Nancy Pelosi would have easily beaten him in the 2016 election
Sent from my iPhone using Tapatalk
That's funny because it's all true. Of course, that's also sad because it's all true as well. It is awful that Trump is the President right now during this crisis (although we may be at a point that it doesn't really matter who the person is) - no matter what he does, right or wrong, his opponents will blindly pounce on it and his supporters will blindly defend him. And we've been so conditioned over the past three years that everything we see is through whichever lens we may be using. A disaster of our own making.
Re: Constitutional crisis question....
Posted: Mon Mar 16, 2020 2:50 pm
by kalm
GannonFan wrote: ↑Mon Mar 16, 2020 1:23 pm
CID1990 wrote: ↑Sat Mar 14, 2020 8:14 am
Here’s a thought-
Get your gov to get Trump’s endorsement on his limiting free association and public gathering in WA state
Then the ACLU or others will have a fit and seek a successful injunction from the 9th circuit
Then Reektreep will cheerlead the injunction on CS because Trimp
Then SCOTUS vacates the injunction 5-4 and al the AZs and JMUs declare victory, because Trimp
And then we create a thread about it on CS, where John OCDOnge reminds us in no less than 5000 words how none of this would have happened if the atrocity who is Trimp had not been elected, and how polls show that Nancy Pelosi would have easily beaten him in the 2016 election
Sent from my iPhone using Tapatalk
That's funny because it's all true. Of course, that's also sad because it's all true as well. It is awful that Trump is the President right now during this crisis (although we may be at a point that it doesn't really matter who the person is) - no matter what he does, right or wrong, his opponents will blindly pounce on it and his supporters will blindly defend him. And we've been so conditioned over the past three years that everything we see is through whichever lens we may be using. A disaster of our own making.
We MAY, be finding out in almost real time now that supporting Trump for any other reason other than he wouldn’t do damage was stupid. Supporting him because he wouldn’t was at least flawed.
I say “may” because I still have some faith in the deep state.
Re: Constitutional crisis question....
Posted: Mon Mar 16, 2020 3:46 pm
by UNI88
GannonFan wrote: ↑Mon Mar 16, 2020 1:23 pm
CID1990 wrote: ↑Sat Mar 14, 2020 8:14 am
Here’s a thought-
Get your gov to get Trump’s endorsement on his limiting free association and public gathering in WA state
Then the ACLU or others will have a fit and seek a successful injunction from the 9th circuit
Then Reektreep will cheerlead the injunction on CS because Trimp
Then SCOTUS vacates the injunction 5-4 and al the AZs and JMUs declare victory, because Trimp
And then we create a thread about it on CS, where John OCDOnge reminds us in no less than 5000 words how none of this would have happened if the atrocity who is Trimp had not been elected, and how polls show that Nancy Pelosi would have easily beaten him in the 2016 election
Sent from my iPhone using Tapatalk
That's funny because it's all true. Of course, that's also sad because it's all true as well. It is awful that Trump is the President right now during this crisis (although we may be at a point that it doesn't really matter who the person is) - no matter what he does, right or wrong, his opponents will blindly pounce on it and his supporters will blindly defend him. And we've been so conditioned over the past three years that everything we see is through whichever lens we may be using. A disaster of our own making.
You're right. Trump has fvcked this up but I'm not sure I think Hillary would have handled it any better. Who was blindly pouncing and who was blindly defending would be flipped but the decisions would still be being made by an entitled, egomaniac unable to admit they're wrong.
Re: Constitutional crisis question....
Posted: Mon Mar 16, 2020 3:58 pm
by ALPHAGRIZ1
How exactly has Trump fucked this up!???
This falls squarely on Obamas CDC
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Re: Constitutional crisis question....
Posted: Mon Mar 16, 2020 4:34 pm
by UNI88
ALPHAGRIZ1 wrote: ↑Mon Mar 16, 2020 3:58 pm
How exactly has Trump fucked this up!???
This falls squarely on Obamas CDC
Sent from my SM-G975F using Tapatalk
How is this is Obama's fault but Trump gets credit for the economy for the last 3 years? You're the opposite of JSO - everything good is because of Trump and everything bad is Obama's fault.
