Our Broken Constitution
Governmental authorities in this country — whether federal or state — virtually actually have authority to preventively detain people to protect public health. One would possibly argue the government should not have energy to lockdown people who have carried out nothing mistaken. But the truth that people facing lockdown have committed no act that could be criminalized really strengthens the argument for detention without trial on this context. As with people whose madness makes them harmful, as a result of the hazard here does not come up from any voluntary conduct, the criminal justice system has restricted energy to deal with the threat to public safety.
Because a lockdown order restrains bodily liberty, the traditional writ of habeas corpus offers courts final authority to determine its legality. Existing federal statutory authority illustrates another necessary aspect of this reasonableness requirement. The statute authorizing the federal authorities to impose quarantines for public well being gives considerable authority to the Surgeon General, who in flip has delegated that authority to the Centers for Disease Control.
“You should have to acquire a really broad consensus before you pass an amendment. I agree with Sandy Levinson that the Constitution could possibly be … Read More