Judge Andrew Napolitano said Monday that federal and state governments “do not have the authority” to mandate the wearing of face masks.
He said that the 10th Amendment to the Constitution reserves matters of public health and safety to the states, but even they lack the authority to mandate masks anywhere but state property.
“The federal government certainly can’t do it because the federal government is not charged with public health or public safety,” Napolitano told Fox News’ Melissa Francis. “That is an area that is reserved by the Tenth Amendment to the Constitution for the states.”
“If a person is known to be contagious, the state could require that person to be quarantined or wear a mask, but anything short of that, the state cannot interfere with that person’s freedom of movement or freedom to wear or not to wear a mask.
“So let me modify slightly what I just said,” he said. “The federal government could compel wearing masks on federal property. A military facility, the post office, government buildings, and the state government could compel wearing masks on state property. The DMV, state colleges, things like that. But on property that the government doesn’t own, the feds have no authority to compel wearing a mask, and the states can only compel it when people are sick.”
Napolitano said that “force of public opinion” could do “what the law cannot do” if the vast majority of people in an area shame those not wearing masks.
“But in terms of police stopping you on the street or giving you a summons or a court imposing a fine, absolutely not,” he concluded. “First of all, these mayors and gubernatorial edicts are just suggestions. They are not the law.”
The strategy the states have chosen (extortion of business owners to force them to enforce policies that the government doesn't have the authority to enforce itself) has a long tradition in the annals of government overreach.
It's popular because it works.
"the businesses have the right to require you to wear a mask, and since we license the businesses we can coerce them into doing so"
One of my newly far left liberal niece's friends made a comment on facebook.
My niece was saying how horrible people are for not wearing masks. However, being newly far left liberal, all her friends brought up the point that the government cannot force you to wear a mask....its against your rights.
She said "your rights are fine, but you dont have the right to put my health at risk".
I informed her that no such right exists.
Her response was "I wish I could shut comments off on this post like I can on my facebook groups".
The lefties are training her right.
Worried about your health? Wear a mask. Worried about getting infected? Stay home.
Don't like me not wearing a mask? Stay away from me.
Afraid of public surfaces? Wear gloves or use hand sanitizer.
If you do all you want to protect yourself, you'll be just fine.
We're talking about defunding police, so let me ask. Who the fuck is going to join the "Mask Police", who is going to pay for it, and which jail am I going to for not wearing one?
As Bear Bryant said .... The best defense is a good offense.
I've had fun recently using tacts I used long ago at airports when the weirdos with flowers used to get too close ...
Aggressively curse at the grieving Karen in Farsi with alot of exagerated hand gestures. I doubt they ever understand ... but they quickly shut up, apologize, and scoot away.
I also found that with wide eyes and giddy enthusiasm if you ask them " Have you heard the word of the lord .... our lord and master loves you ... what is your name dear daughter " .... they can not get away fast enough.
There are a few more but are too politically incorrect to share on this forum.