Martial Law....it is what it is.

**flenna** · 03-28-20, 15:03

Originally Posted by BoringGuy45

The problem right now is that the whole Bill of Rights is being treated like there's an asterisk that notes "Not valid in times of emergencies."

That is exactly right. The problem is that is how it is being treated on both sides of the aisle because, you know, for the children. Because if it saves just one life then living in a police state is worth it.....

**jsbhike** · 03-28-20, 15:47

Originally Posted by pinzgauer

Let's take a look:
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

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.

Fair enough, that's pretty clear.

But wait... why do we have federal indictments on drugs and similar not listed in the Constitution. Because Congress passed a law?

Some of the laws they pass have been tested and found unconstitutional.

But clearly the federal government is enforcing things even some of the states don't want.

So I think the 9th and the 10th have been severely compromised with case law. Not a good thing.

But in this particular case it would be a state or lower-level member of the state (county/city) knocking on doors and asking questions.

I guess we'd have to see the emergency declaration. But it raises the question would a state or a city have the right to declare or curfew or travel restrictions in an emergency?

Clearly some think they do. In the Florida keys right now they're restricting entry to residents or those on official business of a required nature.

This is not new, they did it after the last hurricane.

Going to be interesting.

If they come to my door asking if I'm harboring any New Yorkers, I'm going to answer no sir, and you're welcome to patrol the property to see if you see any. But I won't let them in. The last thing I need is a northerner infestation!

A state or city shouldn't be able to either. States could have done that before the mid to late 60's, like how they could legally decree an official religion for their inhabitants, but if things were on the level that wouldn't be the case.

**pinzgauer** · 03-28-20, 16:16

Was chatting with one of my sons on this, and he felt that any action which treated residents of a particular city or state differently than other state residents would run afoul of the 14th equal protection clause.

IE: closing the roads entirely would be allowed. But letting residents through but not non-residents would probably not be.

We'll find out if Monroe county's checkpoint in the Florida keys is challenged. You would think it would have been after the hurricane.

**Todd.K** · 03-28-20, 17:24

Originally Posted by pinzgauer

IE: closing the roads entirely would be allowed. But letting residents through but not non-residents would probably not be.

That is a normal disaster move, to try and keep looters out.

**CrowCommand** · 03-28-20, 18:34

I am from RI, and from what I gather, they are strongly requesting that arriving New Yorkers self quarantine for 14 days. No one is being "rounded up" or sent away... Lots of folks fleeing the city, possibly u known carriers....We are right on the ocean and there are a lot of multi million dollar estates here...this time of year all the out of owners show up, only this time theres a pandemic going on...RI is surrounded by infection zones so, until shit gets really weird, I am staying alert and rolling with it....people are dumb and are making this worse.

**Alpha-17** · 03-29-20, 08:31

Originally Posted by pinzgauer

I personally agree that legally it is a fundamental right, I just don't know that that's enumerated in the Constitution or Bill of Rights.

That is the exact oppsite of how the Constitution and US government is supposed to work. The powers of government need to be enumerated; the rights of citizens don't need to be. Some were specifically spelled out just so they were clear, but that's not the limit to them. The fact that you're thinking like that shows how badly screwed up our culture and government has become.

Originally Posted by BoringGuy45

I'm afraid that the conversation might go like this:

Homeowner: Search my house for New Yorkers? You can suck a bowl of dicks!

NG Officer: Say what you want to me, but I have an infantry platoon, plus a couple Strykers with 50 caliber machine guns and 105 millimeter tank cannons and, oh yeah, air support from an Apache, that says YOU can be the one to do the sucking! Now, about letting us in to search...

That's adorable. An infantry platoon, plus a couple of strykers and tanks, with airsupport, PER HOUSE? From the National Guard? Yeah, chances of that being the case are far less than people telling them to eat their bag of dicks. Best case for the NG is they'll actually have ammo (probably won't have anything in the chamber though), with a platoon assigned to an entire neighborhood, and maybe, just maybe an armed and armored 1151 Humvee for support. I doubt they'd have that much, honestly. If they run into problems trying to carryout their Ghestapo orders, they might start escalating their posture, but can you imagine how bad it would look to have all that crap on TV just to search someone's house?

Originally Posted by jsbhike

9th and 10th Amendments.

Citizens' rights aren't all enumerated. Government authority has to be enumerated.

Thank you, at least someone gets it.

**Averageman** · 03-29-20, 08:47

Originally Posted by Alpha-17

That's adorable. An infantry platoon, plus a couple of strykers and tanks, with airsupport, PER HOUSE? From the National Guard? Yeah, chances of that being the case are far less than people telling them to eat their bag of dicks. Best case for the NG is they'll actually have ammo (probably won't have anything in the chamber though), with a platoon assigned to an entire neighborhood, and maybe, just maybe an armed and armored 1151 Humvee for support. I doubt they'd have that much, honestly. If they run into problems trying to carryout their Ghestapo orders, they might start escalating their posture, but can you imagine how bad it would look to have all that crap on TV just to search someone's house?

That right there would be the end of the Constitution, the end of the unity within the United States.
I know a few folks and I'm not one of them, who would consider this open season.