Lockdown authority?

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  • dprimm

    Master
    Rating - 100%
    1   0   0
    Jan 13, 2013
    1,741
    83
    Just West of Indianapolis
    I keep wondering where the gov is granted the authority to order shutdown and closures?

    I am not wanting to argue if this should or should not happen. I am curious where the powers come from. More concerned about abuse in the future.
     

    Vigilant

    Grandmaster
    Rating - 100%
    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    I’m wondering why it was just bars and restaurants and not hair and nail salons in the beginning? I’m never closer than a couple of feet from someone in a bar( except at closing time :banana::pimp:), But in a hair or nail salon, you’re up close and personal. Same with tattoo shops? But, the joke in the end will be on .gov when many of these businesses shutter for good.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,612
    149
    Valparaiso
    1) The feds don't have the authority.

    2) The state probably does.

    https://codes.findlaw.com/in/title-10-public-safety/in-code-sect-10-14-3-1.html

    https://codes.findlaw.com/in/title-10-public-safety/in-code-sect-10-14-3-12.html

    (d) In addition to the governor's other powers, the governor may do the following while the state of emergency exists:…
    …(2) Use all available resources of the state government and of each political subdivision of the state reasonably necessary to cope with the disaster emergency…
    …(5) Assist in the evacuation of all or part of the population from any stricken or threatened area in Indiana if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery…
    …(7) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area...
    …(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles…
    …(11) Give specific authority to allocate drugs, foodstuffs, and other essential materials and services.

    Ind. Code 10-14-3-12.

    So, since states have "general police powers", not law enforcement "police", but "police powers" in the effect that states can do anything not forbidden to them by law, the question is whether the state or federal Constitution forbids what they are doing. Well, no constitutional right is absolute (think "fire in a crowded theater")

    When it comes to public health issues, states are given wide authority:

    The authority of the state to enact this statute is to be referred to what is commonly called the police power,—a power which the state did not surrender when becoming a member of the Union under the Constitution. Although this court has refrained from any attempt to define the limits of that power, yet it has distinctly recognized the authority of a state to enact quarantine laws and ‘health laws of every description;’ indeed, all laws that relate to matters completely within its territory and which do not by their necessary operation affect the people of other states. According to settled principles, the police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety.

    * * *

    In Crowley v. Christensen, 137 U. S. 86, 89, 34 L. ed. 620, 621, 11 Sup. Ct. Rep. 13, we said: ‘The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, good order, and morals of the community. Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one's own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same right by others. It is, then, liberty regulated by law.

    Jacobson v. Cmmw. of Massachusetts, 197 U.S. 11, 24–27 (1905)

    I did some research last Monday, but I taught "Law, Medicine and Bio-Ethics" for 10 years and the class brushes up against public health issues.
     

    68NOVA

    Expert
    Rating - 0%
    0   0   0
    Feb 26, 2016
    1,482
    63
    nwi
    I’m wondering why it was just bars and restaurants and not hair and nail salons in the beginning? I’m never closer than a couple of feet from someone in a bar( except at closing time :banana::pimp:), But in a hair or nail salon, you’re up close and personal. Same with tattoo shops? But, the joke in the end will be on .gov when many of these businesses shutter for good.

    Have you smelled inside these salons?

    The gasses and chemicals alone is probably what's keeping them healthy.

    Wait what
     
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