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Wouldn't this fall under 'martial law'? https://en.wikipedia.org/wiki/Martial_law_in_the_United_States https://en.wikipedia.org/wiki/Martial_law_in_the_United_
by gdubs 7y ago
Wouldn't this fall under 'martial law'?
https://en.wikipedia.org/wiki/Martial_law_in_the_United_States https://en.wikipedia.org/wiki/Martial_law_in_the_United_Stat...
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
I guess the legal argument comes down to a lack of a comma between 'invasion' and 'the public safety'. Or whether a virus constitutes 'invasion'.
- klodolph 7y agoHabeas corpus isn’t the issue here. It’s 1st / 5th / 14th amendment issues: - 1st: Right to peacefully assemble - 14th “nor shall any state deprive any person of life, liberty, or property, without due process of law” 5th has similar text to 14th. To be clear: I’m not arguing that the various govts. can’t impose quarantines or isolation orders, I’m just outlining which parts of the constitution are relevant to the legal questions.
- gdubs 7y agoThanks. And same – I'm not advocating one way or the other, simply wanting to understand the constitutionality.