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  1. #16
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: State Lockdowns

    Quote Quoting Taxing Matters
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    As you hopefully know, the domino effect argument is not a terribly good one. Assuming that just because you do one thing that X, Y, & Z will necessarily follow is not a logical assumption to make in most circumstances. Like it or not, public safety is a consideration when judging whether a particular act of the government violates the Constitution. As I pointed out earlier, quarantine laws are nothing new and have been used before to limit people to their homes or other places to prevent the spread of disease. We've just been fortunate that modern medicine has become so advanced that few Americans living today will ever have witnessed that occurring before now. It may well turn out that some of the actions the government has taken cross the line and are unconstitutional or lack a foundation in the state's law. That will be an issue for the courts to resolve later on. And from that we will find out what limits the government has in situations like this. But I have little doubt that a lot of it will end up being upheld. The courts are not going to be blind to the fact that in a serious crisis some extraordinary measures may be necessary to deal with it. The government cannot simply do anything it wants, but there is a lot that it can legally do to address this kind of threat.
    There are limitations on governmental power and their ability to restrict the movements of people who are asymptomatic and not an articulable threat to anyone. There are many cases over the decades that have sided against government attempts at such action regardless of their good intent. So far there is no single statute in CA law that allows this sort of extended reach, and the cities and counties are grasping at straws with old muni and county codes that are vague, or state codes that are being stretched to the extreme to try and justify local actions. The emergency powers granted to the governor are much more limited than the many vague city and county codes that have not been tested in 50 years or more (since most of them had been written).

    If, for one, would not obey an order to lock people into their homes. I cannot buy for a moment that the Constitution is suspended simply because it might be a good idea.

    Quote Quoting cbg
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    I haven't seen any evidence in MY state that people are being thrown in jail for leaving their homes. My husband takes a walk every day down to the pond a mile or so away; I make a once a week run to a friend's house to borrow her washing machine since mine is broken. Yesterday I went to the grocery store, the post office and the drug store. Neither of us has been arrested or thrown in jail with traffic violators, let along rapists or murderers. Got any VALIDATED stories of that happening, Steve?
    In CA there are people being cited and threatened with jail (my son in Los Angeles being one of them when he goes to the store on foot ... which is why he flies in here tonight), and there are stories of that happening in other states as well. Whether they will ultimately be filed and prosecuted is another story.

    Even in the Rodney King riots of 1992 - when the state HAD the legal authority here to impose curfews and movement/travel restrictions in several areas, the courts largely dismissed almost all such cases in the FOJ when they came up. I strongly suspect there will be much the same here.

    As for custodial arrests, well, at a time when we are releasing burglars and violent thugs to protect them from COVID, the likelihood of anyone actually being booked on such a lowgrade misdemeanor is highly unlikely.

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