[ExI] you'll never see this again

[SR Ballard]

The governor maybe doesn’t have the “right” but he will have the PoPo fine you $250, so that’s whatever. 

And uh, amandment 10 says, “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.” 

Soooo, I think that means the governor (you know, in charge of a State) can mandate masks because I don’t think the state is forbidden from making sure people don’t kill each other... no one ever seemed to think TB quarantine was unconstitutional. 

>The governor may not demand wearing masks, for the constitution does not reserve that right to state governors.

No, it doesn’t. And it doesn’t have to. 

>The powers not delegated to the United States by the Constitution, 

The federal government is not delegated the responsibility for masks.

>nor prohibited by it to the States, 

States are not prohibited to order masks.

>are reserved to the States respectively, or to the people.

So either the State can mandate masks, or individuals can. What’s the issue?

Emergency declarations trump the actual laws passed by legislative bodies because these legislative bodies passed laws stating that was the case. So technically there are laws which allow the governor to mandate this by fiat. And he did. So here we are.

If he should have that right of fiat is an entirely different question. Move to Texas, get fined, and take it to the Supreme Court if you find it unconstitutional. Otherwise the constitution is an empty piece of paper.

Personally I find the US political situation to be unsalvageable. So I try not to worry about it and make myself ill. 

SR Ballard

> On Jul 3, 2020, at 12:02 PM, spike jones via extropy-chat <extropy-chat at lists.extropy.org> wrote:
> 
>  
>  
> > On Behalf Of SR Ballard via extropy-chat
> Subject: Re: [ExI] you'll never see this again
>  
> My state, Texas, a “red” state, has just mandated masks outdoors for everyone who lives in a county with more than 20 active cases. So basically everything except for west texas, if we’re not counting El Paso.
>  
> With enough pressure, even the most Republican governors will do what it takes to get re-elected. They just have to be pushed. That’s politics as it currently is in the States, like it or not. 
> 
> SR Ballard
> 
> 
> 
>  
> 
> Hi SR, you as a citizen are not legally obligated to follow the governor’s orders.  See Amendment 10, Bill of Rights.  What the TX governor did is recommend or suggest the wearing of masks.  Business owners may refuse to allow entry to those not wearing masks.  The governor may not demand wearing masks, for the constitution does not reserve that right to state governors.
> 
> There is a reason why I am watching these kinds of stories very carefully.  It is astonishing to me when I hear how many Californians ask if there isn’t a law requiring me to wear a mask outdoors.  I must remind them that only the state legislature can pass laws, and ours didn’t, nor did the Texas legislature.
> 
> A crisis is not an opportunity for a government to seize powers it does not have.  Orwell pointed out so very well in his classic Nineteen Eighty Four that if government can seize power during a crisis, it will arrange for a crisis and seize power.
> 
> I love Texas.  You Texans have the best food in the entire world.  It must be illegal to have a restaurant with bad food there, for I never found one the whole time I was on business trips there.  I discovered there is no need to ask colleagues for good restaurants: that’s the only kind you have there.
> 
> spike
> 
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