Home › Forums › Decaffeinated Coffee › question for competent lawyers and anyone else who knows law › Reply To: question for competent lawyers and anyone else who knows law
health and life and death emergencies, such as the spread of viral diseases can override constitutional rights.
let’s start with the easiest:
Read the Preamble to the Constitution and when you get to “promote the General Welfare” it is game, set and match.
We have the federal system for the stated reasons in the preamble and societal health falls into the General welfare.
So of course all Dems will shout that there’s a clear and present danger. And of course any amateur law student could deflate that argument in one breath.
The best and clearest rebuttal is that the border is open for all the illegals coming in without masks and tests; apparently the danger is neither clear nor present. (Furthermore, it’s an act of discrimination for being a citizen, being as how only citizens are targeted.)
So everyone’s busy with the work vaccine mandates–which is also unconstitutional, of course, and more important, too–but why is no one working on these laws?
NOTE THE FROM A LEGAL PERSPECTIVE, WHETHER A REGULATION IS WISE IS NOT RELEVANT – WHAT IS WISE IS THE FOR POLITICIANS TO DECIDE.
But the courts can shoot it down if it’s arbitrary, irrational, or discriminatory.