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Trump tells governors feds 'will step in' if government disagrees with state reopening plans
Fox News ^ | May 19 2020 | Tyler Olson

Posted on 05/19/2020 5:23:18 AM PDT by knighthawk

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To: Rurudyne

The necessary and proper clause provided in the Constitution gives the Congress major leeway in passing laws. You never hear a Congressman question the constitutionality of any law they take up.

The nuclear football is a good example of, as I mentioned, delegated power from the Congress to the president. The Founders certainly never envisioned giving a president the power to, on his own, vaporize an enemy.


61 posted on 05/19/2020 7:25:54 AM PDT by odawg
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To: knighthawk

Good! I’ve been waiting and hoping for this. One thing he can do, of course, is get the DOJ involved, because civil rights are being violated on a massive scale.


62 posted on 05/19/2020 7:27:10 AM PDT by livius
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To: Buckeye McFrog

In MA. bars and gyms are going to be the last to open. Baker gave us hair salons and barbershops yesterday. Restaurants, elective surgery nail salons have to wait ,at a minimum, 3 weeks more. Restaurants here are starting to go under. We got the usual talking point..it’s all about the science and health, meanwhile people are losing their life’s work.


63 posted on 05/19/2020 7:36:55 AM PDT by surrey
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To: odawg

Incorrect.

You neglect “and Proper”.

A “N&P” example is paying salaries to federal employees.

But just because something seems necessary, if it is also not proper it is not “necessary and proper”.

And do you seriously believe that lovers of Arbitrary government, lusting after power in all circumstances whatsoever would EVER question their right to do as they pleased?

As for your last point, there had already been considerable improvement in Arms and Munitions during the lives of the Founders, which they were often greatly interested in, and showed no hint of believing that the deadliness of same would somehow cease to increase over time. Saying they didn’t envision a particular weapon to be placed under the authority of the Commander in Chief, the civilian head of the armed forces, is meaningless to the fact that they foresaw the need for Congress in the future to write the rules and regulations for armed forces.

If your contention, one not uncommon, had been the case they might have felt themselves able to write such rules for all time, rather than leaving it a Power to Congresses in the future.


64 posted on 05/19/2020 7:42:06 AM PDT by Rurudyne (Standup Philosopher)
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To: Alberta's Child

DOJ support Federal lawsuits by individuals and business establishments”

Even that may not help. The SC already let stand the Pennsylvania SC’s ruling that the Governor was within his right to suspend the Constitution indefinitely.


65 posted on 05/19/2020 7:47:07 AM PDT by gibsonguy
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To: DoodleDawg
Step in and do what?

Call out national guard to keep the hair salons open ...

66 posted on 05/19/2020 7:48:58 AM PDT by 11th_VA (May you live in interesting times - Ancient Chinese Proverb)
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To: Rurudyne

“Saying they didn’t envision a particular weapon to be placed under the authority of the Commander in Chief, the civilian head of the armed forces, is meaningless to the fact that they foresaw the need for Congress in the future to write the rules and regulations for armed forces.”

You must have reading comprehension problems. In case you can’t understand what delegation of powers mean, it means that “they foresaw the need for Congress in the future to write the rules and regulations armed forces.” Therefore, Congress delegated that the president shall have the use of a nuclear football.

I don’t know what you are arguing about. Just because I relate how Congress works doesn’t mean I agree with it. Most of the laws they pass are unconstitutional.


67 posted on 05/19/2020 7:53:08 AM PDT by odawg
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To: Rurudyne

I’m not saying I like it. I don’t.

But it is, as they say, “settled law”.

L


68 posted on 05/19/2020 8:16:48 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Lurker

Funny how the Law had to be unsettled for their “settled law” to exist.

Even early progressives were scum.


69 posted on 05/19/2020 9:13:03 AM PDT by Rurudyne (Standup Philosopher)
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To: Alberta's Child

That’s pretty much what JFK did to force desegregation of The South, wait no it’s not. He sent in federal troops.


70 posted on 05/19/2020 9:14:31 AM PDT by McCarthysGhost (q)
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To: lightman

Worse thing is that there are no metrics on how to reach “green”.
__________________________________________________________

Oh but there is one metric: Democrat wins the POTUS election.


71 posted on 05/19/2020 9:15:05 AM PDT by JCL3 (As Richard Feynman might have said, this is reality taking precedence over public relations.)
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To: LS
Wouldn’t be hard at all. Any use of state executive orders that violates civil rights laws is illegal.

For example?

72 posted on 05/19/2020 9:17:41 AM PDT by DoodleDawg
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To: DoodleDawg

Pick any one from the 1960s.
Forbidding gatherings without a valid state of emergency. Arresting people for not wearing masks.

This isn’t hard. A gov is not allowed to violate the US constitution.


73 posted on 05/19/2020 3:35:15 PM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: LS
Forbidding gatherings without a valid state of emergency.

Trump declared a state of emergency in March.

Arresting people for not wearing masks.

What are they charged with?

This isn’t hard. A gov is not allowed to violate the US constitution.

Agreed. But are they violating it? That would be a matter for the courts.

74 posted on 05/19/2020 3:41:54 PM PDT by DoodleDawg
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To: EvilCapitalist

so do what a lot of people i have seen do. wear it with the top of the mask below your nose. You are still wearing a mask which is all they care about


75 posted on 05/19/2020 3:50:31 PM PDT by Mom MD
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To: DoodleDawg

So far, courts (except PA) are supporting the people.

Trump’s state of emergency is questionable in terms of its application to states.

They are arresting people for violating the governor’s orders, I guess. It’s happening a lot. Check out the stories.

I think the whole social distance crap is a violation of 5th amendment rights.


76 posted on 05/19/2020 6:17:15 PM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: Alberta's Child
Wickard v. Filburn - the SC ruling conservatives have forever hated. It permitted federal regulation of private industry, even that for strictly personal consumption because such personal use would impact national trade.

It seems to me that governors STOPPING consumption is the equivalent to what was originally ruled. If it gets back into the SC, at least there would be the opportunity to overturn that abomination and defang the misapplication of the Commerce Clause.

77 posted on 05/19/2020 6:29:43 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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