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It would be much harder to do this in the US because of the First Amendment enshrined right to assembly. I mean, the CDC can try, but there will be an immediat
by bpodgursky 7y ago
It would be much harder to do this in the US because of the First Amendment enshrined right to assembly.
I mean, the CDC can try, but there will be an immediate stay on the rule by some court or another, and the Supreme Court is EXTREMELY unlikely to lift that stay, unless we're in an absolute apocalyptic crisis.
* upon further research, the main support for freedom of travel is under the Privileges and Immunities Clause
https://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law https://en.wikipedia.org/wiki/Freedom_of_movement_under_Unit..., but doesn't really matter, it's precedent either way.
- enitihas 7y agoDoes the US not have any emergency clause? If it is truly needed, I think even the US would be able to do it.
- bpodgursky 7y agoIt would; I'm not saying this is an immutable law of nature. But the threshold is going to be extremely high -- I really, really don't think a .5-1% death rate is going to sway the SC, unless they are convinced that existing measures are utterly incapable of dealing with this. (And for good reason -- this disease could easily go on for months. If the CDC can call a mandatory quarantine, does that mean it's valid to cancel elections in the interim? For how long? These are real concerns.)
- dukoid 7y agohttps://en.wikipedia.org/wiki/Martial_law_in_the_United_States https://en.wikipedia.org/wiki/Martial_law_in_the_United_Stat...
- ta999999171 7y agoWe've been in a "state of emergency" for multiple Presidents...
- dx7tnt 7y agoAh yes, it's not like amending the constitution further isn't done.
- eqdw 7y agoIt's really more the second amendment that makes it harder to do
- tzs 7y agoThere might be some question as to the Federal government's legal authority to impose a quarantine on people who are not actually diagnoses as sick, but it would be no problem for state or local governments to do so. The Supreme Court has ruled several times that states have that power.