Posted on 05/05/2021 2:12:12 PM PDT by ChicagoConservative27
A win for our team.
And everybody else's too.
Just where do you suppose all of those deadbeat renters are going to go? Many have no place they can go. Many will not leave peaceably. Some will leave after trashing their former residences out of spite, and making them uninhabitable. Some evictees will end up living 12 to a house - in a neighborhood way too close to you and me.
90% of the rental properties (apartments) in this metro area are owed by 12 Real Estate Investment companies. All of those companies are controlled by Chinese investors. Not noted for their forbearance. There are about 200,000 pending eviction notices which will be enforced as soon as moratoriums expire later this spring.
I am glad that I am not on any Sheriff detail tasked with evictions. They are gonna be swamped. Not looking forward to the aftermath.
Spicy times are coming.
Great post brother!😊
Haven’t read the decision yet, but heads up that finding wrong and fixing it are not the same thing.
Judge can find the CDC lacks the authority, but that “reliance” interests require the regulation be allowed to run its course. This is what SCOTUS did with deporting people in the country illegally. DREAMERS could stay, because they relied on Obama’s illegal order. Trump could not undo the illegal order without following the proper procedure.
This is peanuts compared with the usual federal idiocy. Congress let GWB create a military court, even though the constitution says that Congress has that power. Took about five years before anybody whose voice mattered, noticed and said something. No case was “undone” as a result. We are still living with the mess.
See too 4th amendment jurisprudence and practice, and just about everything else fedzilla touches.
Evictions have to happen. Landlords should not be responsible for absorbing lost rent. Let the zombies come. This all has to end poorly some time. The longer we wait, the worse it will get. I do see your point, but the madness has to end.
Why does the cdc even have the authority ?
Not only does the constitutionally undefined CDC have no express constitutional power to make laws, but the states have never expressly constitutionally given the feds the specific power to dictate quarantine policy, doing so uniquely a peacetime state power issue.
Consider the reference to unique state powers to quarantine in the New York v. Miln excerpt below, the third item in the list.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
"Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
"Obviously, direct control of medical practice [emphases added] in the states is beyond the power of the federal government.” —Linder v. United States, 1925.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
In fact, the Supreme Court possibly got a clue about unique state power to regulate INTRAstate healthcare, including the power to quarantine, from the writings of Thomas Jefferson.
"Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.
Regarding federal government stealing of state powers, patriots need to primary (2022) federal and state lawmakers who don’t agree to stop the feds from stealing state powers.
More specifically, in addition to promising to make laws that require all actions of the federal government must be reasonably justified by a power expressly constitutionally delegated to the feds by the states, candidates for federal and state office also need to promise this. When the federal government accuses someone of violating a law, judges and law enforcement officials should be required to do the following.
Judges and law-enforcement officials need to be required by law to inform the accused of the constitutional clause(s) that arguably justifies the allegedly broken law for further scrutiny of the constitutionality of that law, especially where unconstitutional federal peacetime gun control laws are concerned imo.
Better optics to do the evictions when it’s warm outside that wait until winter.
CNN and all the rest of the propaganda networks will be running stories of single, jobless mothers being cruelly kicked out onto the streets of the jungle to fend for themselves.
They don’t. Those powers belong to the states.
If the CDC can apply their quarantine authority for this and get in the way of a landlord receiving rent, a landlord should be able to counter it by exercising his 3rd Amendment right.
Is this in Denver ?
This took far, far too long to be correctly decided.
And yet everyone involved all along the way knew it had no basis in law.
Innumerable people have lost their retirement and/or life’s savings because of this fascist action.
And the government has filed an appeal https://context-cdn.washingtonpost.com/notes/prod/default/documents/1c103765-4446-4a06-9e33-68914a0254e2/note/e1fc0be9-8584-483c-8877-b26e38b65de2.
So "commentators" ("Obamanators?") are making laws, now? Congress is too busy fundraising?
No part of the government has the right to invalidate the terms of a contract.
The executive order was illegal.
In effect the government has taken possession of your property and prevented you from collecting rent. It has forced you into indentured servitude as you must provide a place to live without recompense.
Where this is going is the complete usurpation of private property. That would be communism but they will never call it that.
Help tenants with rent subsidies, not by unconstitutionally ripping-off landlords. Its basic equity. The landlords are not to blame for the tenants’ inability pay, so the cost of the help should not be borne solely by them.
Can you imagine that you ran a chain of grocery stores and a local government entity (city, county) told you that you had to pay your employees $4 more an hour because of Covid? More unconstitutional madness.
I am a landlord own 8 rental houses lowered rent 200 a month everybody current but crazy polucy
Just how the hell did CDC assume (unchallenged) the ability to set this rule, in the first place?
Boggles the mind...
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