[quote author=AnnaGrowsAMustache .
Your nation is on fire. Your federal government has emergency powers. Someone take some frickin responsibility for actually solving the issue at hand ie you're all going to die of a virus inside a month, and stop blathering on about your rights. Your rights mean fuck all if you're dead. Idiots. Honestly!
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The Framers endeavored to design a country of enduring, maximum liberty.
The Framers' dread of a concentration of power is the overarching reason they formed a tripartite, check-and-balances national government.
And in keeping with their commitment to dispersion of power they granted each State its own sovereignty under the Tenth Amendment's principle of federalism.
The result is an America comprised of 51 sovereign powers, the federal government plus the 50 States.
The federal government and the States, as well as the States' political subdivisions, do have extra latitude in the exercise of their existing power in times of extraordinary emergency, exercises of power that permissibly result in atypically restrictive regulations, orders, local ordinances, etc.
However,
"Emergency does not create [extraconstitutional] power."Federal power, State power, and the power of political subdivisions "
are not altered by emergency."
Untrammeled power is repugnant to the Constitution's undergirding principle of dispersion of power.
Home Building & Loan Assn. v. Blaisdell 1934
Emergency does not create power.
Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency.
Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency, and they
are not altered by emergency. What power was thus granted and what limitations were thus imposed are questions which have always been, and always will be, the subject of close examination under our constitutional system.