Model State Emergency Health Powers Act

iVillage Member
Registered: 10-18-2007
Model State Emergency Health Powers Act
21
Mon, 05-05-2008 - 8:57pm

All this talk about Civil and Constitutional Right has me wondering what other people think about the following:


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iVillage Member
Registered: 04-09-2008
Mon, 05-05-2008 - 9:36pm
Well, we know in certain circumstances the constitution can be suspended (martial law) - but (I'm just now thinking of this... HEY!!!!!) if MSHEPA should kick in, that means Governors' still control the state and Fed's have not taken over. If that be the case, then is the constitution suspended in that instance?

Rands

iVillage Member
Registered: 10-18-2007
Tue, 05-06-2008 - 1:03am

Generally speaking, the Constitution was a contract among states and the Federal Government to ensure

iVillage Member
Registered: 04-09-2008
Tue, 05-06-2008 - 6:09am
If memory serves correctly, MSHEPA was a "suggested guideline" for states to follow, which is why some states said "no thanks".

Rands

iVillage Member
Registered: 10-18-2007
Tue, 05-06-2008 - 10:27am

I was still under the impression that Federal law still had to (though we know they don't) stay within the constitution, unless, martial law was declared where at that point, Governor's relinguished control.


*** Yes, technically.

iVillage Member
Registered: 04-09-2008
Tue, 05-06-2008 - 11:09am

After I read that article you sent me (Gostin - double ughh!!) I was slapping myself in the forehead! Years we've been looking into these laws (PBS, MSHEPA, EUA, etc..) and it just never dawned on me (duh...) that these were completely unconstitutional. Now, correct me if I'm wrong... but if laws are to be changed/added to/created (with the age of bioterrorism/pandemics/epidemics, blah... blah... blah...) and if these laws are in violation with the constitution, then, doesn't the US constitution need to be amended to support these sweeping changes? And if that hasn't been done, how legal are these laws..?? (and yes, I'm speaking in technically).


And yes, that's one of the MAIN reasons I love RP and would support him 'til the day I die....

Rands

iVillage Member
Registered: 10-18-2007
Tue, 05-06-2008 - 11:53am

Years we've been looking into these laws (PBS, MSHEPA, EUA, etc..) and it just never dawned on me (duh...) that these were completely unconstitutional.


*** Been "re-written" - and replaced by administrative, colorable law.

iVillage Member
Registered: 12-14-2005
Tue, 05-06-2008 - 4:20pm
I think you should move to Canada!





iVillage Member
Registered: 04-09-2008
Tue, 05-06-2008 - 6:39pm

Um... my dear, I hate to be the bearer of bad news - but the US and Canada have been in cahoots wrt border control and enforcement.

Rands

iVillage Member
Registered: 04-09-2008
Tue, 05-06-2008 - 7:40pm
You ready to put your thinking cap on???

Rands

Community Leader
Registered: 07-26-1999
Wed, 05-07-2008 - 1:25pm

"And if that hasn't been done, how legal are these laws..?? (and yes, I'm speaking in technically)."


Basically if it can get passed into law through congress then it is on the books as law until the constitutionality of it is challenged in court.

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