Analysis: Is a ‘stay at home’ order constitutional?

R. Kelly Jordan
Courier Staff Writer

In times of peril or threat, people naturally become more cautious, anxious, protective and wary of anything and everything the peril may entail or threaten what they hold dear.
We want to protect our lives; our families, friends and loved ones; our homes and our rights and freedoms. Perhaps because our lives, families, friends, loved ones, homes and property depend on them so much, we become even more protective of threats to our rights and freedoms.
It is no surprise, then, that questions and opinions have abounded over the constitutionality, or otherwise legality, of our and many other governors’ “stay at home” orders. Especially at a time when so much of society is already on guard with other concerns.
So, are stay at home orders constitutional, or legal? The short, and likely correct, answer is – probably. Maybe not, but they very likely are.
Room for debate
We will examine that more fully below, and we should, because there is plenty of room for debate.
First, we should get one thing very clear; in the very immediate moment, the most important thing to recognize: The police are not our enemy. The police are not legislators or lawyers, and they are not judges – they protect society by enforcing the laws.
Some have opined that sheriffs, deputies, police chiefs and officers, and state troopers should just “clearly see that stay at home orders are unconstitutional,” and refuse to enforce them.
The problem in that thinking, however, is that police don’t get to decide the constitutionality or legality of duly passed laws – they take an oath to enforce the laws that are passed. To refuse to enforce duly passed laws would be a violation of an officer’s sworn oath, and be considered dereliction of their duty or worse.
A legislative body, state or federal, can pass any law it decides to, and a governor or president enacts it by signing it (or it’s enacted by the legislature overriding a veto), but once enacted, a law can only be deemed unconstitutional or illegal or improper by judges. Not by police, nor by the opinions of individuals in society.
Once we accept that, we can examine the constitutionality or legality of stay at home orders. We should – and will – discuss whether such orders conform to the U.S. Constitution, but, because such emergency orders fall under the purview of state police powers, they are generally governed by state constitutions and laws.
State police powers are a state’s capacity to regulate behavior and enforce order within it’s territory for the betterment of the health, safety, morals, and general welfare of its inhabitants.
States have the power to compel obedience to their laws through whatever measures they see fit, provided those measures do not infringe upon any of the rights protected by the U.S. Constitution or their own state constitutions and are not unreasonably arbitrary or oppressive.
A big difference
Some have commented on social media, saying, “Liberty is unconditional,” and “The government can’t strip you of your rights, period.”
Those are generally correct statements in a philosophical sense, but it should be noted there is a big difference between “stripped or taken away” and “restricted or curtailed for a period of time.”
We are all aware, or should be, that the federal and all state constitutions allow for imprisonment or the confiscation of property when a person violates certain laws – so liberty is very much conditional, and the government can restrict your rights. For violations of the very worst crimes, the government can permanently take away your rights by ending your existence.
Since this column is written in Tennessee and intended for a Tennessee audience, let’s examine the Tennessee law.
We can quickly do away with another recent common claim, that Gov. Bill Lee is declaring martial law. In short, he can’t – the Tennessee Constitution forbids it.
As pointed out in a University of Kentucky Law School Journal article, on the power of states to declare martial law, the article points to Article I, Section 25 of the Tennessee Constitution to say martial law can’t be declared in Tennessee.
Article I, Section 25 says, “That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this state.”
So what is Lee doing? In Executive Order 14, signed on March 12, the governor proclaimed a state of emergency in Tennessee, due to the public health threat posed by a coronavirus, and the disease it causes, COVID-19.
The authority to declare such a state of emergency is authorized to the governor by a duly passed statute, Tennessee Code Annotated Section 58-2-107. That law falls under TCA Title 58, headlined as “Military Affairs, Emergencies and Civil Defense,” and with these TCA numbers, you can do a web search and read them yourself.
Title 58, Chapter 2 – which is what we’re all concerned with right now – deals with disaster, emergencies and civil defense, and grants the Governor broad powers during an emergency. It also provides for the creation of the Tennessee Emergency Management Agency.
At the beginning of Title 58, Chapter 2, the General Assembly gives its reason for passing the law, essentially saying that in times of dire emergency, someone has to have the authority to act quickly to help the state and its citizens prevent or recover from as much damage as possible. The normal process of government simply takes too long when lives are at stake.
Under this law, after declaring a state of emergency, the governor can: suspend laws or rules regarding the conduct of state business if necessary to cope with the emergency, order evacuations from certain areas, make orders concerning entry and exit and the occupancy of premises within an emergency area, and take measures concerning the conduct of civilians and the calling of public meetings and gatherings, among other things. A full list of the powers conferred on the governor can be read in TCA 58-2-107, which means Title 58, section 2, subsection 107.
Note that in dealing with the threat posed by COVID-19, the “emergency area” entails the entire state.
At the beginning of each executive order, the governor lays out his reasoning in several paragraphs, often called the “Whereas clauses,” because they generally begin with “Whereas.” Following those comes the list of things actually being ordered. You can read all of the executive orders by doing a web search for “Gov. Bill Lee executive orders.”
Several executive orders regarding COVID-19 followed Executive Order 14, mostly dealing with medical issues and businesses, in an attempt to prevent the spread of the disease.
A growing threat
However, the governor learned that the COVID-19 threat continued to get worse, and affect more and more Tennesseeans, so following CDC guidelines, he issued Executive Order 22, on March 30. This order first “urged” people to stay home, unless they have to go out and interact with others for an essential purpose.
The reason for the order, it says in part in the “Whereas clauses,” is “WHEREAS, because protecting personal liberty is deeply important, this Order is not a shelter-in-place mandate and instead strongly urges Tennesseans to stay at home when at all possible for the protection of themselves and their community.”
It also says, “WHEREAS, because with personal liberty comes great personal responsibility, all Tennesseans must do their part by staying at home whenever possible for a limited period of time to avoid exposure to, and slow the spread of, this virus, which will limit the burden on health care resources and allow normal activities to resume sooner.”
Below the reasons given in the “Whereas clauses,” the first paragraph “urges” people to stay at home, the second paragraph orders non-essential businesses closed and gives a few other business-related restrictions, and below that is a long list of what the government considers “essential activities.”
The list is very long. The list is confusing, and probably rushed so not completely well thought out or organized; it is definitely not communicated well. But remember that it was created at the onset of a unique emergency situation – government has “game planned” situations like this, but reality is usually different than anyone plans.
In any event, no list can provide every single person with every single possible event or circumstance they can safely do during this emergency – the key here, as mentioned in the “Whereas clauses” that most don’t read, is to use common sense, and try to distance yourself from others as much as possible.
Except people didn’t, and the threat grew larger.
So, on April 2, the governor signed Executive Order 23, which caused the current cries of “martial law” and questions of constitutionality and legality. The order amended paragraph 1 of Executive Order 22, to now say people are “required” to stay at home instead of “urged” to stay at home, except when engaged in essential activities.
It is also important to note that both versions clearly say the order is temporary and for a “limited period of time,” meaning just until the emergency is over.
This is not martial law, and it is also not a medically ordered “quarantine or isolation;” martial law is forbidden in Tennessee and medically ordered quarantines or isolation is provided for under a different law. Quarantines and isolation orders fall under Title 68’s “Health, Safety and Environmental Protection.”
Emergency powers
What Lee is doing is ordering the restriction of movement of citizens using emergency powers granted him by the state legislature – a duly enacted law. Is it possible the law that allows him to do that is unconstitutional or illegal, or do his orders go farther than the law allows?
As said before, those questions can only be answered by judges, but nothing that can be easily found in the Tennessee Constitution contradicts the law, or Lee’s exercise of it. There are no easily found court precedents in the Tennessee Courts of Appeals or Supreme Court either, so it’s not a slam-dunk easy answer either way.
Further, since situations differ, where a law may stand in one situation but not another, court precedents can be misleading – so, the question of the constitutionality of this law, under these exact circumstances, likely won’t be answered unless someone affected by it challenges it in court. That is not an easy or inexpensive proposition; such a challenge generally takes years and teams of lawyers.
Still, considering the Tennessee Supreme Court took the unprecedented step of ordering all in-person court hearings to stop during the COVID-19 threat, except for emergencies and to protect civil rights, that should be a strong signal of the likelihood of winning that battle.
What about the law being an affront to the U.S. Constitution? For the same reasons as laid out regarding its constitutionality under the state Constitution, it’s not an easy answer, and there are precious few precedents. No precedents exist for cases exactly like this.
What we do know, however, is that the U.S. Supreme Court has generally been very lenient on what would usually be seen as “infringements of rights” during emergency situations, so long as measures taken aren’t “arbitrary or capricious.”
In other words, for something like this and given the seriousness of this situation, the U.S. Supreme Court will likely allow it so long as the governor can provide a good reason, and show that what he did was not meant to punish or harm anyone, but rather to truly protect society from an imminent threat.
That’s part of the reason for all those “Whereas clauses” – another part is to inform the public why he’s doing what he’s doing.
It helps if he can show that the best “experts” agree that what he ordered done would be likely to work, and with COVID-19, the best experts around the world, including here in the U.S., are recommending exactly what Lee is doing. Some are even recommending more drastic measures.
Conclusion
So, are stay at home orders constitutional, or legal? The short, and likely correct, answer is – probably. Maybe not, but they very likely are.
What we can know for certain is that law enforcement is doing their duty and following their oath to enforce a duly passed law – a law likely few actually want to enforce.
At the same time, they’re trying to protect everyone’s health – so if they tell you to go home, unless you want to fight it in court where you’ll almost certainly lose, how about doing everyone a favor and just saying, “Yes officer – I will. Thanks for looking out for me.”
(Ed. note: R. Kelly Jordan is a 2007 graduate of Florida International University College of Law, where he earned a Juris Doctorate and studied Constitutional law.)

111 Comments

  1. Richard Pierce on April 5, 2020 at 6:13 pm

    All well and good. Makes sense for the ” general health” of the public. I’m just concerned how the Marxist loving, American hating godless baby killing Liberals will use it as an excuse to enforce Green New Deal or Climate Change later down the line.

    • John David Decker on April 8, 2020 at 10:06 pm

      It’s the baby-killing liberals who are actually following medical advice and sheltering-in-place while the red state governors tell citizens to go about their business and ignore the media-heightened pandemic. And then a month later, when those red staters start dropping like flies, you will be one of the morons with blood on their hands.

      • Pat on April 9, 2020 at 1:06 pm

        That’s funny, because as I remember it was the Democrats, pelosi and Schumer telling people to come to the parades and not to worry.

        • CJ on April 16, 2020 at 9:46 am

          Yes, but remember the democrats and people like Pelosii change their narrative to suit themselves. They speak out of both sides of their mouths. We the people need to stand up for our rights.

          • KLM on April 20, 2020 at 3:16 am

            Yes! Thank you for your comment.



        • Kevin O on April 24, 2020 at 5:41 am

          Correct, Pelosi was telling everyone to go to China Town,she wasn’t there because she was at home eating expensive ice cream out of her $24,000 Freezer.

          • Jessica Deeds on May 24, 2020 at 10:12 pm

            Agreed!! All of you closed minded fools just go about your business. Yes! Go to church. Absolutely! go to the bars NOOO!! You don’t have to wear a mask. It’s called thinning of the heard. Survival of the fittest and you idiots are doing us all and Mother Nature a tremendous favor. FYI, Pelosi was back at work while Trump was away golfing when this broke. Yet, she received constant criticism from women hating men like yourself for not getting the $1200 checks out fast enough. Which by the way is socialism. Funny how the values that are backed by people like yourself have nothing to do with facts or the greater good. It’s solely about what is happening to YOU.



      • Kevin O on April 24, 2020 at 5:43 am

        You might look at what states are getting the biggest number of infections and what states are recovering quicker. Clue: Democrats aren’t doing so well.

      • Teresa on May 6, 2020 at 2:47 pm

        Yes it is the liberals who are following the “orders” imposed upon citizens by the government. Why? Because they believe the liberals are SO much smarter than everyone else, and everyone else is SO stupid that the government has to tell citizens what to do. The liberals so blindly follow the leader if it is a liberal socialist leader. They are arrogant snobs.

        • Shey on May 12, 2020 at 7:13 am

          More like they follow the CDC recommendations and not that of moronic politicians who have no idea what their talking about. They’re intelligent enough to listen to the experts not a moron who consistently changes what he says on the daily.

          • Mark Willetts on July 13, 2020 at 9:19 pm

            Do you realize that the CDC is a political Organization?



        • Jessica Deeds on May 24, 2020 at 10:15 pm

          Yeah!! Let’s storm the capitals bearing arms to show those smart folks how we feel!!
          Brilliant!
          Very patriotic.

        • Lawrence Bud Catobus on June 12, 2020 at 3:12 am

          Shelly, the democrats are following the advice of the majority of health officials. Shelter in place and social distancing have prevented by estimates 500,000 cases of covid-19. The constitutionality of these orders by the governers is solid. At present almost 120,000 americans are dead from the virus is a lttle over 3 months, a hoax it is not. Reopening is a bust, the virus is ravaging 26 states

          • Lee on August 22, 2020 at 11:05 am

            The people need to look at their leaders , first address the masks on all packages and boxes is a legal disclaimers no mask can protect you from any disease or virus. SO WHY wear one , Your actually weakening your immune system, Breath in GOOD AIR exhale Bad CO2 Carbon dioxide, wearing a mask you’re actually breathing right back in C02 which is very dangerous,
            Your own leaders stated they didn’t work then said well wear , 2 to 3 more years the coming viruses man made you will not be able to fight off. Second there will NEVER be a vaccine Cure Because virus constantly Mutates, there are no FDA Doesn’t require vaccine manufacturers to demonstrate that product is Protection against that Target Disease why because they can’t and the manufacturers are not held liable for damages WHY because They know They cause damages. We the ppl have paid put 4.7 billion in damages, See Ted Talk with Gates he comes right out and states what vaccines are meant for, QUOTE we have 9 billion ppl the better we get at vaccines we can decrease that by 10 to 15 percent HIS OWN MOUTH DEPOPULATION, Georgia Guide Stones to 500 million ppl only , Gates has no medical license , degree, experience NOTHING NOR a elected offical is was a planned military live EXCERISE planned here where I live event 201 at Johns Hopkins university school the economics and Gates foundation held Oct 18 aired Nov 4 and first case end of Dec, However under the Congress law the Care Act was submitted before any China or USA virus outbreak, it was PREPLANNED and the flood Stradgey was used to confuse the ppl .
            Gates has 17 law suits wanting to see the controlled clinical trial THERE ARE NOW



          • Terry harrington on February 24, 2021 at 11:14 pm

            Pretty sure the constitution doesn’t have a except clause, it doesn’t say your rights come first except for pandemics, emergencies and public health this is more overstep, read the constitution there not your interpretation of it at all, it says what it says everyone wants to twist and interpret and read it for their damn personal agenda it says your rights are not to be infringed upon that’s freedom of movement freedom a peaceful gathering freedom of religion nowhere in there does it say in case of emergency nowhere so anything declared by governors after that state of emergency allowing yourself special orders is illegal because it hasn’t went through the right legislature to even indirect such a an order just because you’ve declared a state of emergency and you’ve added some special powers you can’t do that it Hass to go through the legislative branch to give you anything



      • Yorgay on May 7, 2020 at 3:52 pm

        John D. Decker….apparently you don’t realize that once you resort to insults and name-calling (morons ?) that you lose ALL credibility and nobody can believe what you say.

      • Nonya on May 8, 2020 at 10:32 am

        The only reason people are sheltering in place has nothing to do with the governor. It has everything to do with morons believing everything the mass media tells them and the mass media is escalating this to make money. Stay-at-home executive orders put every single citizen in prison illegally and it is killing people. This could cause a serious uprising by the middle and lower class. In that case the governor is the one with blood on his/her hands.

      • Kathi on May 10, 2020 at 11:18 am

        The only one with blood on their hands are going to be the spinless, blackmailed puppets that from everything we have seen so far, are in great need of acting classes. Their pathetic attempt to carry out the narrative of a national pandemic, is over shadowed by the irritation and desire to throw hard objects at them to shut them up and keep them from further embarrassing themselves due to their lack of acting skills so they can carry out this fake agenda in a more believable manner. Accompanying that is there overall lack of intelligence when it comes to anything medical. Shut the entire country, invent a new phrase social distancing 6 feet apart, close down ocean sides, close down forests Etc. Then come out to the public and tell them that they have to wear masks but they can be homemade. I don’t even know where to begin because it does not take a medical degree to figure out that a homemade mask is not going to help one little bit keep a virus in or out it will go straight through the material. But see there’s so many rules are trying to throw at us that they don’t attend to the details which just shows and proves that they’re lying through their teeth and going after all of our freedoms and they have an agenda the fool no one

        • Mark Willetts on July 13, 2020 at 9:21 pm

          Way too many people espousing their opinions as fact!

      • Rt on June 11, 2020 at 8:05 pm

        Well john decker your post didn’t age well did it? Not only were you wrong but you embarrassed yourself With your rant. Clearly they were wrong from the beginning. They said 3.4 %of the population would die. With the new math being taught in school they seemed to have boned the answer up. Later they corrected it and stated .3% once that number came out it reflected the flu as we know it every year. Nothing to see here people move along.

      • micky on November 7, 2020 at 11:35 pm

        Morons like you ignore the facts most of the deaths are form blue states that depend on red state warkers

    • EZ on April 16, 2020 at 8:28 am

      “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”

      • DR on May 5, 2020 at 10:25 am

        Amen!

      • Kathi on May 10, 2020 at 11:19 am

        I absolutely agree

      • Mark Willetts on July 13, 2020 at 9:22 pm

        Oh come on. We got TSA out of 9/11….how can that be a bad thing?

      • Terry harrington on February 24, 2021 at 11:17 pm

        Again the constitution does not waiver in case of pandemic or anything this is peoples opinion the law is the law you cannot strip people of their constitutional rights because of an emergency or anything show me were that close is in the constitution it isn’t so just because CDC and everyone else says something that’s not the low if you worry about and you wanna wear a mask that’s your prerogative they cannot strip a rats from us because someone’s opinion or a fee or something it’s not in there and as long as we stand by and let this stopping over our constitution specially by the state governors if you don’t exercise your rights just like a muscle you will lose it and if it’s not taught in schools then you don’t know what you got so you won’t know if you lost it people there’s no worry in there for your feelings or your fears of the constitution CDC or no one health department none of that we’re not a socialist state the good of the cows know each individual do you want to read the constitution individual rights

    • Erica on April 21, 2020 at 7:56 am

      Pro life, is what many Republicans claim, yet they find it perfectly ok to go out and protest their ‘right’ to freedom and infect American during a pandemic. With a virus known to kill man. So worried about a fetus, but proving once there is a life it is perfectly ok to kill? Who is the hypocrite?

      • SunGodAZ1 on April 22, 2020 at 11:36 am

        Erica, it’s my body and my choice. I have just as much of a “right to infect” or be infected, as you have the “right to kill” the unborn. Or does “My Body My Choice” only exist with women?

        • throwaway on May 4, 2020 at 8:13 am

          The “my body, my choice” slogan does not work here.

          Covid-19 is interested in every single body. You are not making any decision here regarding only your body.

          • Kathi on May 10, 2020 at 11:28 am

            I would argue that it most definitely does apply to a person being forced to wear a mask or being forced to stay 6feet apart.
            We don’t even have proof that there’s any reason for them to be justified in shutting this country down. We have a bunch of government officials which is a joke telling us that there’s a pandemic and all of these deaths, yet you don’t see them anywhere. the overall death toll at the cdc’s website shows a decrease in deaths today starting beginning of the year to now we have way less deaths than we had last year and the year before that same time frame which kind of suggest there’s not really a pandemic. And the people that are dying well that’s what you should try to figure out but you better hurry because how long do you wait be less likelihood your life will ever go back to normal because governments are not in the habit of taking rights away and then giving him back later they just say they will when in reality they don’t have the authority to test any of our rights especially based on a big lie



        • Jona Varg on May 6, 2020 at 9:31 pm

          Interesting… So you are not so pro-life then. You are pro-choice then.

      • Marie on May 2, 2020 at 6:26 am

        Your fear doesn’t take away my Constitutional Rights. There never was a better example of hypocrite than you!

        • Tim Wallender on May 10, 2020 at 3:10 am

          You’re right. Fear doesn’t take anyone’s Constitutional Rights. Accept I fear nothing. Your Constitutional Rights end though when you threaten my life. Real or perceived, I will end you first.

      • steve on May 6, 2020 at 8:20 pm

        The virus kills very few who get it. What you just expressed by implication, the belief that anyone who get the virus dies, is exactly the hype that has drives our reaction to it out of proportion to the actual problem. That the narrative you were told, that’s what you believe, but it’s not what the numbers are showing. The truth is that the vast majority of people who get the virus will survive.

      • Nonya on May 8, 2020 at 10:33 am

        Killing the innocent is one thing. If you are afraid of getting the virus then don’t go out but that does not give you the right to imprison people illegally.

      • Lucian on May 10, 2020 at 4:50 pm

        How are they infecting others? All you morans at home scared and we are fighting for the rights. Maybe you didn’t know that all good things had to be fought and likes were lost so you can have all these freedoms the lock yourself at home and don’t get out if you’re so scared of getting infected you’re also obviously scared to fight for rights definitely don’t need you in this country you are coward just like every socialist who wants to take the guns away from the people and then they want to attack talk about Fair.

      • Jessica Deeds on May 24, 2020 at 10:17 pm

        Exactly!!

    • Tash on April 22, 2020 at 9:15 pm

      I’m fiercely literally no Democrat has asked the public to come out and violate a stay-at-home order. The literal president has and it even goes against what his own administration has put into place specifically to stop the spread..

      he is violating his own administration’s rules and temporary regulations which is actually federally illegal under the Constitution. Calling for uprisings and to violate orders governed by the state as a government entity is a federal felony

      and I’m sorry can you stop with your dumbass pro-life bulshit? Cuz you’re not pro-life you’re pro birth
      you were not pro-life when children were put into concentration camps settings and dying of preventable causes
      you are not pro-life when these same children were sexually abused and sold into basically slavery by our own government
      you weren’t pro-life when it came to police brutality and literal children under the age of 18 being shot even for simply playing basketball
      You weren’t pro-life even now talking about the women who have to make the hardest choice of their life and some of them rely on that choice to survive considering that they may die if they carry to term
      you are not pro-life when you decided to be belligerent to other people and try to exhaust their mental stability. In fact suicide rates have gone up in The last 5 years.
      you are not pro-life when you supported someone voted against food stamps and health care for the most needy children and families in America
      You were not pro-life when you supported a man who said only people who kiss his ass and stroke his ego deserve ventilators and testing equipment leading to the death of men women and children in multiple States and that number is rising
      you weren’t pro-life and you supported a man who said it’s okay to make human sacrifices so long as the economy gets back on its feet not even realizing he means you and your children you’re the ones that can be sacrificed for his dollars
      You weren’t pro-life when refugee children needed a place to stay in our country. in fact as far as I remember the man who supported told him to go back to their shitholes
      a lot of these so-called pro-life weren’t pro-life when they were going out and protesting infecting children and people around them raising the numbers and infecting people that don’t have a choice like essential workers

      I can keep going but don’t you dare call yourself pro-life

      I’ll pro-lifers are unless they’re doing something about the lives already existing are simply pro birth extremist

      • Jason on April 25, 2020 at 4:39 am

        Someone hasn’t gotten their welfare check

      • Tenter on May 5, 2020 at 1:42 pm

        Ohhh how these kind of statements make me laugh!!
        “you are not pro-life when you decided to be belligerent to other people and try to exhaust their mental stability. In fact suicide rates have gone up in The last 5 years“

        Ahh now WE’RE the ones that are exhausting your mental stability. That’s rich. Well hon, only the strong survive, right?

        This is why leftism will not win in the long run. There are too many inconsistencies. There is an organized way to run a country and benefit the most people, and there’s liberalism. Which divides citizens into little entitled groups and after which can’t keep their narrative straight.
        Are you #MeToo, every woman to be believed as in protesting interrogating and dragging out Justice Kavanaugh’s appointment? No, you’re not. Because when a liberal is accused of the same exact circumstances: Joe Biden… it is swept under the rug.

        All that INDIGNATION and screaming, and pounding the ground are only for ummm some cases ie yours. It is not justice you seek whether for unborn children, children Obama built the very cages you rail about, or children that are now DNA tested to find over 30% of the time they are drug over the border illegally by an unrelated male.
        It is your very indignation that will bring this liberal mess down. Your kind do not have the moral and often physical and mental strength it takes to be regimented, orderly and most of all FAIR to all peoples.

        You call out laws you do not understand; mime talking points that are repeated 24hrs a day on TV and largely do not understand our constitution or why we must continue to elect leaders that can move our country forward not for ONE YEAR (how long you cared about #MeToo) but for 100 years. 1000 years.

        Here’s how you protect vulnerable people in our society: you shelter them. You keep them in a safe place. you take precautions for THEM. You don’t tell everyone in an office building to clear out and stay home when the flu goes around every year. You tell sick people to stay home and vulnerable people to take precautions.

        You should Start now to mentally prepare yourself for Nov 3, when we will re-elect one of the strongest Presidents of our lifetime: Donald J. Trump

        • Jona Varg on May 6, 2020 at 9:36 pm

          The entire world is expecting the wave of savage, hillbillies, and white garbage with low I.Q to reelect the most corrupt president (and ignorant) in history. Enjoy it. It’s a worldwide embarrassment.

          • Dean maidens on May 10, 2020 at 2:13 pm

            Obama was the most corrupt president we have had in long time and I voted for him twice. It was Obama selling out our country to Russia and China and Iran



          • Max on June 13, 2020 at 8:11 pm

            Your comments are based on what facts?



        • Jessica Deeds on May 24, 2020 at 10:19 pm

          You need to go pick up a book my friends
          You are living in a comic book fantasy world!

      • Migi. on May 6, 2020 at 11:43 pm

        You obviously only watch and listen to fake news. Typical of all liberals, one sided thinking without any reality.

        • Dean maidens on May 10, 2020 at 2:14 pm

          democRATs won’t even give Republicans freedom of speech. Facebook and YouTube will delete or ban anyone who posts anything negative about democRATs

      • Alicia on May 7, 2020 at 12:47 am

        Pleas3 don’t listen to these blackwood’s garage dwellers. They have no mind of their own. They can only repeat the crap they hear from their families or am radio blowhards.

        Right on with everything you said.
        These so called pro life have never considered walking in another’s shoes, not for a moment!! Shameful!!

        • Dean maidens on May 10, 2020 at 2:10 pm

          So because it’s a woman’s body that makes murder ok. Life begins at conception

        • Jessica Deeds on May 24, 2020 at 10:24 pm

          Exactly Alicia!
          For the first time in many of their lives they are being forced into making frightening, difficult decisions and perhaps not having the support of their friends and family. Guess what, folks? That’s what a lot of Americans face on a daily basis. Sure feels cruddy to have nowhere to turn and be unsure about your financial future and that of your kids
          Y’all turned Bernie Sanders fans REAL fast when everyone was getting a government paycheck to help you and your loved ones in a time of need. Hypocrites.

      • Anita noone on May 13, 2020 at 2:33 pm

        Hello miss can you tell me how the Clintons were so obviously not innocent in the Jeffrey whatever who (killed him self ) sounds good however Clinton’s would have been implicated not too mention how Obama was involved in the off the radar email crap that Hillary deleted and didnt realize it could be easily hacked and so she washed her harddrive. On and on and on… how about how every moment of this presidents term he has had to fight ludicrous accusations impeachment bs just because oh idk maybe he isnt doing what they Pelosi, hillary,etc want so they have fought hard to set him up seriously I don’t care about democrats liberals Republican etc. What I do care about is being under any person wanting to take my rights as an american or give people who weren’t born here who dont work whi send there kids separately knowing they will be raped and may not make it and then act like there so upset cause there kids were separated from them when they already were and they broke the law people in america get there kids taking away cause they broke the law but no one cares about that. We have fake news fake numbers to where none of us know what to think. So we fight amongst each other so that we are ignoring the real problem and that is our rights are being taken away little by little until one day they will be gone. Where will we go then.. we won’t go anywhere unless we comply with shots for adults and who knows what else. We should be forming our own groups to fight for our rights to freedom and not just be a pawn for Pelosi and the like to control us all for the sake of greed..I dont know if trump’s tactics are good or bad always but i kinda think he must be doing something right if he has so many enemies that would lie cheat and steal to make him look bad… opinions are awesome debates are healthy but don’t let it cloud your own judgement !!!

      • Curt Christiansen on December 28, 2020 at 3:10 am

        You are so bran Washed its sickning . You are the reason that selfrightous elected people get the green light to ignore the constitution and play dictator .

    • Dean maidens on May 10, 2020 at 2:08 pm

      The Constitution and bill of rights don’t go away because of a emergency and can’t be infrinded on unless there is proof what they do is necessary. There’s no medical proof anything they are doing is working. I think you are close on the Marxist/socialist/democRATs plan to completely change this country to a police state and everyone completely depending on government

    • lynn barnette on January 15, 2021 at 8:39 pm

      we are living with a government that have proven they are biased against a great many of US citizens.
      They are the type of people if you give a inch they will continue to take.
      The best thing we can do is, to make it hard as we can for them .

  2. Dan Beyer on April 6, 2020 at 10:11 am

    Healthy citizens across the nation are told to not leave their homes and not go to work indefinitely because a vocal minority of media types point to so-called “experts” using the worst of the worst case computer models predicting a viral Armageddon. This happens with ZERO debate and zero representative input of the public and we’re wondering if this is legal or not?? If it technically isn’t, then it needs to be illegal! This is NOT what this country was started for nor what it’s based on! PERIOD!

    • KLM on April 20, 2020 at 3:18 am

      Again, yes!! Thank you.

    • Alicia on May 7, 2020 at 12:51 am

      To whoever you are who wrote this article. A clue for you: YES the OSP/ shelter in place is both unconstitutional and illegal.
      Turncoat
      Turning on your own people is callous and shallow in the extreme
      For Shame

  3. John Hames on April 6, 2020 at 12:07 pm

    The constitution does not allow for a suspension of itself. A state law, local law, nor federal law can override the constitution. Lawsuits will fly by the thousands when this is all done. Sig Heil, mein Führer Lee!

    • Lilly on April 8, 2020 at 4:38 am

      I understand all of the fine lines. I also know why they were put there and this isn’t it.
      Even if they used it to protect, shouldn’t they have to prove that? Prove as in facts ,not maybe,could be .
      As it stands this is no more deadly than anything else that kills us. So the fact that Government can call emergency for their failures to do their jobs and ensure we we’re prepared for medical emergencies is not valid. They can not create the threat and then say “We” are in an emergency to bail their self out.
      The fact as most see it is 94 to 99 % of us will survive with mild symptoms..
      The same 94/99% are currently being strong armed robbed by our Governor’s ,they are taking our freedoms (don’t say temporary because it’s till they so ) are job’s, business, home’s our ability to take care of our own we are being forced to rely on Government to even eat.
      This is causing serious health conditions for people who all ready had depression issues (seriously have you not seen the 500million companion pets)
      This is all happening to possibly, maybe sorta we think about 500k worse case scenario out of 323+ million people. That is the absolute worst odds ever! And in no way can justify what facts they absolutely knew which was the other 94/99% of absolutely impacted beyond repair.
      What if they never lift the threat? At what point is enough enough? If we do not have a say then we do not have rights and live under Tyrantcy

      • DR on May 5, 2020 at 10:33 am

        Lilly, do you truly not think the numbers of cases and deaths would have been much higher if not for the stay at home orders?

        • MJ on May 6, 2020 at 12:55 pm

          Go to Home Depot, Lowes, Walmart, and grocery stores. 3 generations of folks shopping in there. AND now its consolidated to just a few places so there are more people there at one time than ever before. We are not staying at home we are just gathering in greater numbers at certain retailers that are taking it to the bank. Cancel concerts, sports, movies… understood you touch the stranger you sit next to. But pretending like we are all in hibernation is a blatant way of lying to yourself.

        • Curt Christiansen on December 28, 2020 at 3:20 am

          It wouldnt be any different and those that didnt get the virus would still be working and business would still function .not a ruined economy like the dictator of these states have done

      • De on May 7, 2020 at 10:39 pm

        I agree but your just whistling in the wind to passive people who believe everything they are told ! Instead of listening to the media and the president and the doctor who has quite a history! Research him anyway you are so right . Talk to some of the nurses and real doctors in the trenches that aren’t afraid to tel the truth , it’s absolutely chilling when you start connecting the dots to the people involved and lo and behold they have a lot in common $$$ Trump is naive or has t be told of the deceitful ways of Fauci and others

    • John usher on April 14, 2020 at 9:06 am

      I want to make the ten government to pay me back for what I lost. I want. Suffering and pain and monetary. $100000

    • KLM on April 20, 2020 at 3:39 am

      Quite frankly, there should be lawsuits. To say this is all disturbing, appalling, is a gross understatement. No one is really, honestly, discussing any degree of the emotional damage done in all of this. I firmly believe after extensive reading that history will judge this as follows: Yes, this virus is a pandemic; but case after case have objectively shown that at least two established drugs have proven effective in treatment. It is serious. But, fatal in only a select and very small percentage of the population. For those, we need a ‘surgical approach’ with treatment, sheltering protection, etc. The other population do not need to ‘fear’ these cases, however. This is where our data had been grossly ‘off’. Many thousands, perhaps a much higher number of people, have had this virus in milder and moderate fashion. Some do not even realize it (which will be revealed if antibody testing comes to fruition) others, asymptomatic. Yet–and one could seriously question Dr. Fauci’s rhetoric on this–we have been taken down a road of micromanagement which seriously threatens the stability of our entire economy. We care deeply about those ill and those who have lost loved ones. But, in America, we can in fact walk and chew gum at the same time. There should be lawsuits, pointedly regarding the states and governors who use subjectively interpreted data models as the basis for restricting business operations which will suffer irreparable damage due to bad and inappropriate judgment.

      • dan rogers on April 20, 2020 at 7:34 pm

        I have been wanting to leave the corrupt, democratic state of Illinois. After this, I WILL be leaving for a state that respects individuals rights. I am heading south somewhere somehow.

        • Jessica Deeds on May 24, 2020 at 10:27 pm

          Well don’t bring your crazy ass to Texas!
          We don’t want you here!

      • Jessica Deeds on May 24, 2020 at 10:26 pm

        You do realize THE ENTIRE WORLD shut down!!

  4. Robert on April 7, 2020 at 3:59 pm

    This article is quite clear in its confusion! (perfect lawyering) Law is suspended but law must be followed depending on the law! Equating the Constitution to philosophy in order to suspend it is saying that what the Framers thought had no bearing on their decisions. And this type of confusion continues through this headache of a non-explanation but makes clear to the reader that politicians should not have any power at all. States Rights are one thing but the state should not up-end citizens lives at the drop of a hat or at the point of a gun.
    Police do protect society but they do enforce laws and also ‘misinterpret’ the law in order to make an arrest to satisfy their boss who is the District Attorney. The DA claims to represent the people and seek justice with fairness but we know or should know that they seek convictions (wins) and police lying on the stand is a daily occurrence. The question that are police even Constitutional needs to be answered and it would be “NO”. Elected officials take an oath and often disregard it. Police are hired guns for politicians who make laws and ordinances. Purely fear-based obedience is the goal and nothing to do with right or wrong, fairness or balance and everything to do with revenue collected from fines and seizures. Valid warrants are becoming scarce and that is the very definition of tyranny. Executive orders are clearly not in the public interest and a slap in the face of The People who no longer control or are unaware of the power over government we had. Our Rights are not protected and government has no Rights and we are seeing the chaos that it has created. And that gun point is the tool that is used 24/7 to enrich those in office and the evidence of that is the states restricting citizens firearms at every turn. All very subtle and by design. Having a Supreme Court is an admission that all the lower courts are ineffective and juries are not trusted. Mandatory minimums are yet more proof of this. Government giving itself immunity is also a veiled admission of corruption and using unlimited amounts taxpayers dollars against the taxpayer who has limited resources could not be more an egregious and arrogant statement of abuse of power

  5. James on April 8, 2020 at 3:51 am

    Big brother doesn’t want you to get sick. You must “social distance.” Don’t gather with friends or family or we’ll arrest you and put you in a tiny room with hundreds of other people and take all your freedoms.

  6. John Conover on April 8, 2020 at 6:09 pm

    The idea of executive order in my state of NJ. Is horrific. The governor is writing them up 2 or 3 per day without going through the legislature. They all begin with a date and end indefinitely? Without an end date, how can it be considered temporary? It should be ruled invalid!

  7. Homer on April 9, 2020 at 7:50 am

    The Constitution is the highest law and authority in the land. It’s precepts are the foundation of our society , even in the face of danger or death these need to be maintained otherwise we risk loosing what we are as a people and a nation. There is no guarantee in the founding documents about being safe, it says life, liberty and the pursuit of happiness. Free from Government oppression and interference. We are now in a society where we are told again and again we have to be safe, we are keeping you safe. I don’t want to be safe, life is not safe, existence is not safe. Freedom is the safety we require as a people and a nation. Nothing is more important that maintaining who we are even in the face of overwhelming fear, otherwise we are no different that any other third world dictatorship out there.

    • Lars on April 14, 2020 at 3:31 am

      We lost it years ago. The govt has trained us into the perfect sheep they need, “dont question us, just abide”.
      My understanding is that OUR govt is elected by us, meant to serve us, and if they no longer support us or are otherwise detrimental to our life LIBERTY and happiness, it is our duty to abolish such govt and enact a new one which does. This stay home order is CRAZY. You cant quarantine HEALTHY people. U cant prevent people from earning income, shutting everything down has ruined a lot of lives now already. Im interested to see how this all ends, the longer it drags on the more people will start to figure things out. Americans do not like being told to obey blindly.

      • JB on April 30, 2020 at 4:29 pm

        Spot-on Lars!

      • Jack on May 17, 2020 at 12:45 pm

        I see an “event” hitting somewhere in America before this is over or declared safe to maintain a status quo. They want to hold more control. The States and the officials have been given a taste of true power and yes where power corrupts it absolutely corrupts. Look for this “event” to create an even more dire emergence of losing our rights than did 9/11 which brought about Homeland Security and every check, recheck and double check a government could ask for – even I dare say the pre-1989 KGB would be envious of.

        Covid-19 is a dream for these Stasi-loving politicians and don’t think they aren’t about to give up their grasp over you when this “manufactured crisis” is deemed a seasonal bug. The repercussions of bankruptcy and divorce is going to last for decades and it’s probably going to bring on a recession-come-depression and if we’re not ready for it another global war (begun digitally, then the destruction of nation states satellites, banking until blood spills).

        For now, once we’ve had enough there’s going to be a resurgence of a revolution/civil war. So get ready.

    • mike on May 6, 2020 at 10:01 pm

      Thanks . You worded it better than I would have.

  8. James on April 12, 2020 at 11:55 am

    Looks like if he passed the law forever want to stay home looks like it would mean for everyone to stay home not some business this still open and some had to close so looks like the laws for only certain people

  9. James on April 12, 2020 at 1:05 pm

    Law enforcement take an oath to the Constitution first, everything else is secondary to that. That is their duty.
    Now in light of that, the perception of safety by ordinance does not supercede said constitution in any manner, people are quite capable of policing each other on maters of safety, and conduct, along with owners of businesses. People gather at their own will and risk. That is our right, to live and die by.
    https://www.lawenforcementtoday.com/a-law-enforcement-officers-oath-of-office-dilemma/

    • Robert Dobson on April 30, 2020 at 5:24 am

      LEOs do not take an oath to defend the constitution. Read their oaths .. most do not. They take an oath to support. Not defend. Support means nothing and demands no action. Defend implies action. Who takes an oath to defend? Military. Why do you think the gov’t is keen on disarming vets?

      • Vants on May 1, 2020 at 2:57 pm

        That is where you are wrong: The Oath of Office is as Follows: Constitutional Oath of Office

        “I hereby do solemnly swear that I will support and defend this Constitution for the united States of America, against all enemies, foreign and domestic, so help me God”.

        They take an Oath to Defend the Constitution!

        • John Adams on June 4, 2020 at 12:49 am

          The widely used oath embraced by the International Association of Chiefs of Police reads, “On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the Constitution, my community, and the agency I serve.”

  10. Bill on April 12, 2020 at 1:26 pm

    These “stay at home” executive orders are clearly unconstitutional and should be quickly overturned by the courts. They have been implemented in an arbitrary manner by the governor’s of various state’s without regards to the interest of the voters or the legal opinion of the courts. In the DMV, each jurisdiction has implemented completely different orders. As an example, MD and DC has ordered the closing of all open spaces such as parks, playgrounds, and golf courses, while VA allows all of it’s open spaces to remain open and accessible to the public, with minimal restrictions such as social distancing. However, each jurisdiction still allows its residents to exercise outside by walking, biking, jogging, etc.

  11. Paul on April 14, 2020 at 2:30 am

    The police swear an oath to protect and uphold the constitution my friend not to “enforce the laws that are passed”!! Where would you get such an idea? The oath sworn to by police officers would make it their duty to not enforce any law that go against the constitution! The idea you express is not only worrisome but dangerous. Why do journalists these days pander to the state, it’s an affront to the the true nature of journalism.

  12. Golanv on April 14, 2020 at 6:52 am

    I see all this as actually a government take over. We totally had our rights removed. Look at the disease TB in 2018 TB killed 1.5 million people. TB is respiratory and highly contagious yet do we shut down the world for TB every year even though it is extremely more dangerous than coronavirus. We got a whole heck of a lot going on here than a virus. When you check the mainstream media they have shown hospital scenes already used in Europe as being in NYC, there are Resuscitation practice dummies being used as patients in some of news scenes. You have statements by doctors and nurses saying something is wrong what is happening in reality does not match the mainstream news. To top it off they are labeling almost all deaths as corona virus whether that is what killed the person or not. This is admitted on the CDC website. There is something much more happening and that order Trump has signed actually puts the country under the control of FEMA and Marshall law. What has happened is totally unconstitutional.

    • Veteran on April 19, 2020 at 10:11 am

      We are in trouble. Question is what is act 2 in this?

  13. Siemens on April 14, 2020 at 4:33 pm

    At the beginning of this article it states that the police are not our enemy and that they are sworn to uphold the laws. This is only partially true, they are sworn to uphold the Constitution just like the military. Unconstitutional laws, while they may be put into action they are still unconstitutional, illegal, and anyone not upholding the Constitution is an enemy of the people. They will be dealt with accordingly

    • David Burns on April 26, 2020 at 1:21 pm

      They are not enforcing laws, they are enforcing one man’s orders.

  14. Sandra Unger on April 15, 2020 at 1:54 pm

    I think it’s ridiculous and dangerous to have a stay at home in SC. Beaches boating, parks closed for what? It’s a virus that’s contagious. Worry about stopping the spread and education not having everyone stay at home. The hospitals ate laying off and empty. Two weeks to flatten the curve and prepare fine! Now it’s overkill and finacisl ruins. Obesity, sedentary lifestyle, mental health, domestic violence, and shut down of other health care will cause more people to die than this. This is not a hard hit state. Worry about educating ,public indoor air quality, and big venues not shut it all down. Sandy

  15. Kevin on April 16, 2020 at 3:51 am

    States have the power to compel obedience to their laws through whatever measures they see fit, provided those measures do not infringe upon any of the rights protected by the U.S. Constitution or their own state constitutions and are not unreasonably arbitrary or oppressive.

  16. Aubrey on April 16, 2020 at 8:19 am

    In Michigan, four county sheriffs just announced that they plan NOT to enforce the law: is that legal for them to do so? https://www.clickondetroit.com/news/local/2020/04/16/we-question-some-restrictions-northern-michigan-sheriffs-say-they-wont-strictly-enforce-covid-19-executive-orders/

  17. Joe on April 16, 2020 at 3:14 pm

    THE REDCOATS ARE COMING! THE REDCOATS ARE COMING!!!

    • Cynthia Stone on April 26, 2020 at 1:00 pm

      Agreed!

  18. darrel on April 17, 2020 at 8:10 pm

    COULDNT EVEN FINISH READING THE BECAUSE SO MANY FLAWS IN THE ANALYSIS!!!
    GOVERNMENT OFFICIALS ACROSS THE COUNTRY ARE OUT-OF-CONTROL
    THE CHINESE GOVERNMENT THE CCP THE WHO THE CDC CNN MSNBC ABC CBS NEW YORK TIMES AND MANY OTHER FAKE-NEWS AGENCIES AND SADLY MANY OF OUR OWN GOVERNMENT OFFICIALS ARE LYING TO US….EXAGGERATING THE COVID-19 DEATHS
    OPEN YOUR BUSINESSES…GO BACK TO WORK…AND BE SAFE
    AND FILE CRIMINAL CHARGES ON ANY PERSON AGENCY (STATE OR FEDERAL) GOVERNOR MAYOR POLICE OFFICER OR SHERIFF OR DEPUTY THAT VIOLATES YOUR RIGHTS
    THERE IS NO EVIDENCE OF ANY STATE OR FEDERAL CRISIS!
    OUR RIGHTS ARE FROM GOD…NOT GOVERNMENT

  19. Eddie on April 19, 2020 at 1:20 pm

    This article is proof we can’t count on the BAR (British Accredited Registry) lawyers to even consider taking on their fellow BAR member Judges and County Prosecutors/AGs by challenging these “orders”. Very very few are willing to do so but we are seeing victories where they do, such as in Kansas where the prohibition on religious gatherings was just declared unconstitutional. These BAR scum are gonna tell people charged under these “orders” to “take the plea deal, just listen” and give the Prosecutor a shiny gold star conviction like they always do. People are gonna have to represent themselves or look *REAL* hard for someone willing to risk debarment for the Constitution, which is the SUPREME law of the land and all others that go against it are ILLEGAL.

  20. Kevin O on April 24, 2020 at 5:53 am

    Is the government providing these homes?

  21. Cynthia Stone on April 26, 2020 at 12:59 pm

    So at the end they basically say “Government is bigger and stronger so just bend over, say thank you and take it,”??? Memo: David killed Goliath. We beat the British. They need to remember history what Holy resolve and God’s hand can accomplish. Or maybe we shouldn’t tell them, just show them.

    • JB on April 30, 2020 at 4:39 pm

      I’m with you Cynthia! The government already fears us much less because we’ve let them push us around during this virus scam. Thank God we’re still armed. Imagine what they’d do if we weren’t.

  22. Fred Bar on April 28, 2020 at 1:55 pm

    As an RN who works in a US Hospital with Covid-19 ICU intubated patients, I can tell you that there is a more sensible way than to use what is (in each State) their own version to impose something that is short of Martial Law. As I was reading the Kentucky Narrative, it became very clear how that State’s Government was ‘navigating’ to arrive at its stated goal without basically invoking martial law. This is something that should be addressed by the US Supreme Court at some point, because people forget that the States have as much power over their citizens as the Federal Government, and giving each State the right to violate their citizens rights in an unequal way is as discriminatory as if the Federal Government would have tried to ‘shut down’ the country (which is also illegal BTW).
    I can tell you that there IS a different way. One that would be less offensive to those of us who appreciate our Liberties more than others here: Have each Entity act like a Hospital…..From Individual to Corporation
    The mandate for every business, building, locale, Church, etc would be to have these entities regulate themselves by ensuring that they control the access, like in many places they already do, and enforce everyone to wear a mask, use a hand sanitizer for their gloves at entry and exit and keep the practice of wearing the mask/gloves while shopping or using their facilities. The Citizen’s responsibility? Follow these rules if you visit and want to use a service or shop (a bus, a supermarket, a church, etc).
    The other factor is over-emphasizing education so that compliance is kept at a high level. The punk in the bus who takes his mask off to ‘show the World’ what kind of an IDIOT he is will be scolded by the Public around him and immediately told by the bus driver, who probably already has his face recorded on video, that he will call the Police for using his Liberty to endanger others.
    The other end of Stupidness was that poor standup paddle-boarder WHO WAS AROUND NO ONE when he got cut off and arrested for not ‘obeying’ as per the reporter. This moronic action of government must be addressed by a court where this particular government agency will be the defendant in the case.
    https://www.youtube.com/watch?v=JcZs9wlnFHY

    One thing that the following newspaper, the UK’s Guardian, whose Progressive Values I totally abhor, got right in this article is the headline and sub-headline of their article. Sweden is doing it different….no, it is not perfect, but no one else has gotten it perfect either.
    https://www.theguardian.com/world/commentisfree/2020/apr/21/sweden-covid-19-policy-trust-citizens-state

  23. JoeSnow on April 29, 2020 at 8:56 pm

    Nowhere in the Constitution does it say that the government can violate our rights if they have a compelling interest. Our rights are laid Putin plain English and there are no exceptions written anywhere in any of the first 10 amendments. If the founders had intended for there to be exceptions, they would have listed them in equally clear language. Anyone, including the Supreme Court, who tells you that the government can take away your rights under any circumstances is adding words to the Constitution that are not there. Stop believing it.

  24. JB on April 30, 2020 at 5:02 pm

    Elements of the government and the news media have suceeded in convincing most of us that if you get this virus, you’re dead. Unless you have certain other conditions, your chances of dying from this are infinitely less than if you caught the regular ol’ run-of-the-mill flu last year or the year before or the year before that. No one shut down the planet then. I’ve always washed my hands, used hand sanitizer, stayed away from folks I think might be sick – common sense stuff. I don’t need the stinkin’ government to advise or control me. If you beleive that wearing a face mask and gloves and staying away from everyone and not leaving your home is what it’ll take to keep you safe & healthy, you might as well figure on doing that the rest of your life because we’ve had germs and viruses from the beginning and they will be here until the end. I’m not going to hug someone who’s coughing and sneezing and frothing like an outboard motor, but I am gonna live my life as usual and if I haven’t already had it, if I get the virus I’ll get over it and carry on. Or I’ll die. Up to God.

  25. Bob Marley on May 5, 2020 at 11:29 am

    YOU CANNOT COVERT A RIGHT INTO A PRIVILEGE, the answer to the question of this article is NO!
    An ACT of Congress regardless is NOT positive Law and has NO force and effect…. It may be good common sense to quarantine the sick, however when it affects those who are well… there is treachery involved….

    • Jack on May 17, 2020 at 12:38 pm

      You can in Canada though where rights do not exist only privileges which, by their very nature and spelled out in the (Canadian) CONstitution or the Bill of Rights, can be taken away. if you do not abide by these privileges you can be prosecuted, reprimanded, jailed, fined… Canada is the beta test for a European style oligarchy “whereas” your rights as a citizen do not qualify you for challenging such laws.

  26. Clint on May 8, 2020 at 2:45 pm

    This all really good information, but it misses one key point. In order for something to be a LAW it has to be passed by legislature. An executive order, by definition, bypasses this process. Therefore you CAN’T charge someone with “breaking a lease” when there was never a law passed in the first place. Do you know WHY these lockdowns aren’t laws? Because the founding fathers had the foresight to include language that would specifically forbid them when they established our rights!

  27. Fred Shepard on May 12, 2020 at 1:08 am

    All I know is people on the left are mental and unable to think for themselves. These demorat Governors are out of control.

  28. Greg Rabida on May 12, 2020 at 2:51 pm

    The real question, is there truly a “state of Emergency” from COVID-19 which would justify any governor to implement a stay at home order. Let’s look at the figures from the World Health Organization and other sources as of May 12.
    In the USA:
    Total population – Approximately 331 million
    Total number of cases of COVID-19 – 1,395,027 (0.004% of the US population)
    Total deaths – 82, 555 (0.025% of the US population)
    Total recovered – 1, 037,571 (77% of closed cases)
    Active Cases – 1.037,571 (0.3% of the US population)
    Serious/Critical cases – 16,501 (1.59% of the active cases)
    Now let us consider that the first influenza pandemic of the 21st century occurred in 2009–2010 and was caused by an influenza A(H1N1) virus. Globally it is estimated that between 100 000–400 000 deaths occured in the first year alone. Three influenza pandemics occurred at intervals of several decades during the 20th century, the most severe of which was the so-called “Spanish Flu” (A(H1N1) virus), estimated to have caused 20–50 million deaths world wide in 1918–1919. Milder pandemics occurred subsequently in 1957–1958 (the “Asian Flu” caused by an A(H2N2) virus) and in 1968 (the “Hong Kong Flu” caused by an A(H3N2) virus), which were estimated to have caused 1 to 4 million deaths each world wide. Then consider that HIV/AIDS pandemic. At its peal, 2005-2012 36 million people had died since 1981. Between 2005 and 2012 the annual global deaths from HIV/AIDS dropped from 2.2 million to 1.6 million.
    Now let us consider:
    CDC Seasonal Flu
    Season Estimate Deaths
    2010-2011 37,000
    2011-2012 12,000
    2012-2013 43,000
    2013-2014 38,000
    2014-2015 51,000
    2015-2016 23,000
    2016-2017 38,000
    ‪2017-2018*‬ ‪61,000‬
    ‪2018-2019*‬ ‪34,157‬
    Average 37,462
    In an NBC article it was stated that “U.N. warns of ‘hunger pandemic’ amid threats of coronavirus, economic downturn
    An additional 130 million people could be on the brink of starvation by the end of 2020 as a result of the outbreak and its economic ramifications.”. “The resulting death toll could outpace that of the coronavirus with 300,000 people dying due to starvation every day over a three-month period”
    Add to that an unemployment level of 14.7%, remembering that the Great Depression of the 1930 had an unemployment of 25% and it took a world war to end it at a cost of 407,000 American lives.
    So in relation to historical data is there a true justification to declare a “state of emergency”? Without one it is questionable if there is a legal authority.

  29. Ken on May 15, 2020 at 7:38 am

    I disagree that an officer”s oath covers all laws passed. Their oath is to the constitution, not to some politicians Dream law. A good example is when the idiot Kentucky Governor Bashire made an emergency law to restrict travel. This clearly violates the state and federal constitution. Not enforcing this breaks no oath. You have to be careful about blindly following “order” from the government.

  30. Fred on May 15, 2020 at 11:05 pm

    I’m an old former deputy sheriff in Oregon.
    We DO NOT blindly obey the law. I took an oath to defend the constitution state and federal. Nowhere in those documents is the government allowed to do this.
    The Covid B.S. DANGER has been manufactured by the government through the news media.
    I am not a conspiracy type of guy. I’m old, 70s, I rarely believe much of anything the government tells me.
    Why would you ?

    • Russell on May 20, 2020 at 5:47 pm

      You are exactly right. I am a former deputy sheriff in Georgia. Our first priority (when I was a deputy) was “public safety”. Making sure politicians were re-elected was never on our “to-do-lists”. That goes for the sheriff as well, who was/is an elected official in my state. There have been to many times where law enforcement has been told to “back down” (ie. Baltimore) and do nothing. Now law enforcement is being told to violate not only the people’s constitutional rights, but the people’s “unalienable” rights (THESE are the rights we are sworn to protect).

      I am proud to be from a state that has already started the opening up process (going on 3 weeks now) with no rise in the virus count. This whole COVID mess has been built up by the press, half the governors and most every mayor in most every major city due to an election year. I say this because of the media’s attempt to move on to the “murder hornet” as the “pandemic” is turning into “old news”. The “murder hornet” just didn’t catch on.

      When you have governors and mayors adding the number of deaths in their jurisdictions that they are adding…. conspiracy is not to far fetched. One lady I saw on the news stated that if you die of cancer, but you have the corona virus your death will be counted towards that of the total deaths due to corona virus. New York has counted heart attack deaths to the corona virus death toll. These people were not even tested for the virus, they were presumed to have had the virus.

      If anyone doesn’t think this whole issues is NOT political… just look at the states and major cities that are saying they are NOT going to reopen. They are the same states and cities that are crying for money to be bailed out (from years and years of mishandled finances). I’m not going state their political affiliation, but every one of them are the same.

  31. Jul E on May 22, 2020 at 10:28 pm

    It is time for this world to implode, we are ALL a bunch of self Riteous morons… nothing can fix us. We are all far too far gone.

  32. Anthony Primerano on May 24, 2020 at 3:28 pm

    When the government issues an executive order can they take away our basic rights as american citizens

  33. Daniel Hunnewell on June 6, 2020 at 9:33 am

    PS : Too the author (Thats obviously not a real American) but a really dumb progressive Demon Rat, Whom I could give one crap of your schooling (Where you in great need to return)

    i.e Ed. note: R. Kelly Jordan is a 2007 graduate of Florida International University College of Law, where he earned a Juris Doctorate and studied Constitutional law.)

    Our four fathers are rolling over and pounding on there coffins about now!

    James Madison had it almost right ! He should have never signed it ! Because of losers like you ! Your throwing our country into a constitutional crisis & having most real Americans on the brink of civil war !

    James Madison and other supporters of the Constitution initially resisted the need for a bill of rights as either unnecessary (because the federal government or states was granted no power to abridge individual liberty) or dangerous (since it implied that the federal government had the power to infringe liberty in the first place !!!

  34. Maggiew on November 18, 2020 at 9:11 am

    Why is it constitutional that we the people have to obey laws on wearing mask and social distancing and governments officials don’t? They don’t uphold the laws they give. They took an oath to uphold the constitution and they don’t. Why are states still allowing products from China, Mexico. We the people are asked to do our part but government needs to do their part to and stop allowing products to come in from other countries.

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