Constitutional Question

Started by RV, October 09, 2020, 06:56:08 PM

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RV

Okay, I admit that I am not the sharpest crayon in the box however, can anyone help me to understand? Since we are bombarded 24/7 with ads claiming that we MUST wear a mask though it's only a "mandate" and some Police forces are fining and even arresting people who do not comply. Why couldn't a Governor issue a "mandate" which states that eye color, hair color, skin color, ethnicity or political party is "mandated" to be fined or arrested? Where in the Constitution does it say that everyone MUST wear a mask? If a "mandate" can eliminate or supercede Constitutional rights, why couldn't a Governor "mandate" that everyone "MUST" turn in their firearms and ammunition?
RV

"Trust in the Lord with all of your heart and lean not unto thine own understanding. In all thy ways acknowledge Him and He shall direct thy path."

Solar

Whitmer didn't get away with it.
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RV

That really doesn't address the issue. While it's true that SOME people cannot get away with anything, others seem to get away with everything. I would point you to General Flynn, Carter Paige, Brent Kavenaugh and Donald J. Trump as examples but, there are many others. My point being that Constitutionality doesn't seem to matter if you are wealthy, well connected or of a certain political persuasion (look at HRC)!
RV

"Trust in the Lord with all of your heart and lean not unto thine own understanding. In all thy ways acknowledge Him and He shall direct thy path."

taxed

Quote from: RV on October 09, 2020, 07:31:34 PM
That really doesn't address the issue. While it's true that SOME people cannot get away with anything, others seem to get away with everything. I would point you to General Flynn, Carter Paige, Brent Kavenaugh and Donald J. Trump as examples but, there are many others. My point being that Constitutionality doesn't seem to matter if you are wealthy, well connected or of a certain political persuasion (look at HRC)!

They didn't get away with it either.
#PureBlood #TrumpWon

Killer Clouds

Quote from: RV on October 09, 2020, 07:31:34 PM
That really doesn't address the issue. While it's true that SOME people cannot get away with anything, others seem to get away with everything. I would point you to General Flynn, Carter Paige, Brent Kavenaugh and Donald J. Trump as examples but, there are many others. My point being that Constitutionality doesn't seem to matter if you are wealthy, well connected or of a certain political persuasion (look at HRC)!
Who has got away with what?

Solar

Quote from: RV on October 09, 2020, 07:31:34 PM
That really doesn't address the issue. While it's true that SOME people cannot get away with anything, others seem to get away with everything. I would point you to General Flynn, Carter Paige, Brent Kavenaugh and Donald J. Trump as examples but, there are many others. My point being that Constitutionality doesn't seem to matter if you are wealthy, well connected or of a certain political persuasion (look at HRC)!
Actually it does address the issue, and to this post, they haven't gotten away with anything. It's far from over.
But the best way to put an end to the Marxists plot to destroy your Liberties, is to say Fuck You, I ain't wearing a chin diaper!

I haven't worn one yet, fuck them!

If everyone quit being sheep and refused this shit, they wouldn't have the power they think they have.
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Possum

Quote from: RV on October 09, 2020, 06:56:08 PM
Okay, I admit that I am not the sharpest crayon in the box however, can anyone help me to understand? Since we are bombarded 24/7 with ads claiming that we MUST wear a mask though it's only a "mandate" and some Police forces are fining and even arresting people who do not comply. Why couldn't a Governor issue a "mandate" which states that eye color, hair color, skin color, ethnicity or political party is "mandated" to be fined or arrested? Where in the Constitution does it say that everyone MUST wear a mask? If a "mandate" can eliminate or supercede Constitutional rights, why couldn't a Governor "mandate" that everyone "MUST" turn in their firearms and ammunition?
First off, I am not a lawyer so please take what I say with a grain of salt. Governors and mayors can issue mandates in the case of an emergency, in this case a health emergency. The people can override it by a. prove that mandate will not do the protection, in this case that the masks do not work, or b. prove it is unconstitutional. Both ways will include taking the case to court. Off hand I can think of one emergency order that comes up here ever so often, when a huge city such as Houston was encouraged to evacuate due to a hurricane, all highways leading into and out of Houston were "declared" to be one way only. Hard to say here who is in charge of enforcing the mask wearing, the closest place to buy gas and diesel is a small town about ten miles away, and nobody wears a mask there. Most of the private businesses in even some of the larger towns don't wear or care if you do either.
  Good question though.  On the firearm question, it has been done before. In New Orleans after hurricane Katrina, mayor Nagin issue an emergency order to the police to confiscate legally owned guns from its citizens, to go door to door and get them. The citizen had two choices, turn them in or shoot it out. I never did hear if they got their guns back. The following article is a pretty good read where a couple of mayors have passed mandates that ban the sale of guns and alcohol.

By the way, welcome to the forum.

RV

First off, there has been ZERO, NADA, NONE as far as prosecutions go so, YES they have "gotten away with it". Secondly, the liberal Democrats always say that it was a "mistake" AFTER the tyranny. It's funny how no one ever questions the actions BEFORE rights are stepped on and the Constitution is ignored. Last but not least, yes it can be contested in a court of law IF one has unlimited funds and is able to fight for YEARS. It would seem that the only ones who benefit are the Democrats and the lawyers. If the average person smashed evidence as HRC did, used a personal server which compromised National security as HRC did, lied to a FISA court as Comey and his minions did, lied to a Congressional committee as Dr. Ford did, wiped devices as Mueller did, framed people as the DNC did or violated rights as the DOJ and the Democrats did repeatedly, one would face prosecution IMMEDIATELY.
RV

"Trust in the Lord with all of your heart and lean not unto thine own understanding. In all thy ways acknowledge Him and He shall direct thy path."

RV

And of course let us not forget the FOUR brave Americans who were killed in the Benghazi attack on HRC's watch with President Barack Obama's blessing. Funny, there were no protests, no riots and no one who made anything out of THAT... :glare:
RV

"Trust in the Lord with all of your heart and lean not unto thine own understanding. In all thy ways acknowledge Him and He shall direct thy path."

Killer Clouds

Quote from: RV on October 10, 2020, 06:41:23 AM
First off, there has been ZERO, NADA, NONE as far as prosecutions go so, YES they have "gotten away with it". Secondly, the liberal Democrats always say that it was a "mistake" AFTER the tyranny. It's funny how no one ever questions the actions BEFORE rights are stepped on and the Constitution is ignored. Last but not least, yes it can be contested in a court of law IF one has unlimited funds and is able to fight for YEARS. It would seem that the only ones who benefit are the Democrats and the lawyers. If the average person smashed evidence as HRC did, used a personal server which compromised National security as HRC did, lied to a FISA court as Comey and his minions did, lied to a Congressional committee as Dr. Ford did, wiped devices as Mueller did, framed people as the DNC did or violated rights as the DOJ and the Democrats did repeatedly, one would face prosecution IMMEDIATELY.
When you want to kill a snake you have to chop off the head. Cutting off pieces of the tail does no good. Once you cut off the head the whole snake dies. To prosecute an ex-president it takes absolute positive solid evidence. Things are happening so be patient. It's far from over.

Pop Daddy

Quote from: RV on October 09, 2020, 06:56:08 PM
Okay, I admit that I am not the sharpest crayon in the box however, can anyone help me to understand? Since we are bombarded 24/7 with ads claiming that we MUST wear a mask though it's only a "mandate" and some Police forces are fining and even arresting people who do not comply. Why couldn't a Governor issue a "mandate" which states that eye color, hair color, skin color, ethnicity or political party is "mandated" to be fined or arrested? Where in the Constitution does it say that everyone MUST wear a mask? If a "mandate" can eliminate or supercede Constitutional rights, why couldn't a Governor "mandate" that everyone "MUST" turn in their firearms and ammunition?

Patience.  First there has to an action brought before a court, then appeals, and then finally the US Supreme Court.  As in Michigan the bitch there was slapped down.  Therein comes problem number two; power.  These little men and women governors have never had this much power in their miserable life's.  They will not give it up without a fight.  As in the case in Michigan the bitch has now found a way around the courts order, temporarily.

As Solar points out, a nation of sheep are very controllable.  All this nonsense would end in a 24 hour news cycle if everyone refused.  Go to church.  Live your life.  And don't wear a mask unless it is your choice.  The original colonies feared the King and it's power.  Almost 250 years later Americans fear their governments.  The first revolution for independence took many years.  We are in this bullshit now for 7 months.  Society has become an "I want it now" culture.

Can a virus suspend the Constitution?  Short answer is no it can't.  Trouble is the marxist, democraps, RINO's, deep state and the DC power elite have no interest in this ending.  Their income stream has not been interrupted and the DC cocktail parties continue.  And besides, they need to work on their re-election, your freedoms can wait.

No quick fix here.  My thought is why couldn't someone file a complaint using the 14th amendment?  Equal protection.  Why can riots be allowed but weddings aren't?  As an example.  Using the 14th amendment a person or class might get representation at the governments expenses, say the DOJ.  Compare it to the EEOC complaints and filings.  I'm not an lawyer, I'm just throwing a thought out there.

I don't wear the mask.  I make two exceptions; 1, doctors office and 2, I have to fly to Texas for my daughters wedding and I'll have to wear the damn thing to get on the plane.  I have been asked to leave 3 private businesses so far.  I've had one person point to my face like "where's your mask?".  That's it in 7 months.  If others want to wear the mask and social distance that's up to them, I don't.  It catches me off guard when people step around me in a store.  Then I remember, social distance.  Really weird.

To answer your concern, I don't think the mandates are constitutional in the long run.  A 7 month and counting state of emergency is a joke.  We know what the virus is now.  Science tells us masks don't work.  Actual covid deaths are less than 1%.  More kids will die from a host of other causes than covid but the schools remain closed.

This is a power play by marxist and one world order commies and the democraps.  They know that the Supreme Court can not hear this case until after the election, at which point the marxist are hoping they will have gained power and it will be moot.  The DOJ under the control of the marxist will not proceed with anything that would lessen their power.  AG Bill Barr will be gone come Jan. 21st if the marxist seize power.

This is my humble opinion, and it's worth every penny you paid for it.

Solar

I've no doubt this is one of those "Nothing Is Happening" individuals that refuses to get out of the bubble they're living in on the internet.

The truth will set you free, just seek it out and quit listening to losers parroting other morons that nothing is happening. It Is Happening!!!
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RV

Quote from: Solar on October 10, 2020, 08:13:24 AM
I've no doubt this is one of those "Nothing Is Happening" individuals that refuses to get out of the bubble they're living in on the internet.

The truth will set you free, just seek it out and quit listening to losers parroting other morons that nothing is happening. It Is Happening!!!

I don't live in liberal land, don't live in a "bubble" and don't have hallucinations either. I don't take drugs, don't drink alcohol and have been married to the same woman for 42 years. I am commenting for the simple fact that NOTHING IS HAPPENING! If it were anyone else an indictment would have been handed down and an arrest warrant issued IMMEDIATELY! There are two justice systems in this country and the "silent majority" had better wake up and soon! It may already be too late to overturn the greed, graft, lies, lawlessness and blatant unConstitutionality that seems to be sweeping the nation. People ARE sheep and the liberal media blasts lies and misinformation constantly.

The reason that we are in this predicament is because it is popular to claim that "everything is a ok" while the cities burn and lawlessness abounds. If someone tries to say something against the normal rhetoric, they are discredited and labeled as a kook or some other name. I've been hearing for literally three years that "things are happening" only nothing is. In the mean time the lawlessness, the lies and the misinformation continues.
RV

"Trust in the Lord with all of your heart and lean not unto thine own understanding. In all thy ways acknowledge Him and He shall direct thy path."

Solar

Quote from: RV on October 10, 2020, 08:57:41 AM
I don't live in liberal land, don't live in a "bubble" and don't have hallucinations either. I don't take drugs, don't drink alcohol and have been married to the same woman for 42 years. I am commenting for the simple fact that NOTHING IS HAPPENING! If it were anyone else an indictment would have been handed down and an arrest warrant issued IMMEDIATELY! There are two justice systems in this country and the "silent majority" had better wake up and soon! It may already be too late to overturn the greed, graft, lies, lawlessness and blatant unConstitutionality that seems to be sweeping the nation. People ARE sheep and the liberal media blasts lies and misinformation constantly.

The reason that we are in this predicament is because it is popular to claim that "everything is a ok" while the cities burn and lawlessness abounds. If someone tries to say something against the normal rhetoric, they are discredited and labeled as a kook or some other name. I've been hearing for literally three years that "things are happening" only nothing is. In the mean time the lawlessness, the lies and the misinformation continues.
Just because you live in a bubble, only visit sites that share your delusions, does not make it a reality!
I assure you, everything is unfolding at the perfect pace, and the DNC is dead.

Turn off FOX, try OANN for a change, you aren't getting the truth!
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Sick Of Silence

Quote from: Solar on October 10, 2020, 09:04:46 AM
Just because you live in a bubble, only visit sites that share your delusions, does not make it a reality!
I assure you, everything is unfolding at the perfect pace, and the DNC is dead.

Turn off FOX, try OANN for a change, you aren't getting the truth!

Turn off CNN and MSNBC: your definitely not getting the truth!
With all these lawyers with cameras on the street i'm shocked we have so much crime in the world.

There is constitutional law and there is law and order. This challenge to law and order is always the start to loosing our constitutional rights.

Frauditors are a waste of life.