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What Powers Does Gov. Have in Emergencies?


Molly B.

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https://www.illinoispolicy.org/what-powers-does-pritzker-have-in-an-emergency-and-what-has-he-ordered-so-far/

 

While the federal government is a government of enumerated powers – it can only exercise the powers specifically granted to it by the U.S. Constitution – state governments retain what is known as “police powers” to protect the welfare, safety and health of their residents, in keeping with the 10th Amendment of the U.S. Constitution.

This system means that states have more flexibility to act without running up against constitutional barriers. It also means states, not the federal government, have the power to tighten or loosen the restrictions ordered by state governors.

The governor’s authority to issue the recent series of COVID-19 executive orders comes from Section 7 of the Illinois Emergency Management Agency Act. In the case of a disaster such as a viral epidemic, the governor can issue a proclamation declaring that disaster, allowing him to exercise the emergency powers authorized in the act for a period of up to 30 days. State and local police can work together to enforce orders given under these emergency powers.

Pritzker declared a statewide disaster on March 9, triggering his emergency powers. He began issuing a series of executive orders a few days later.

Pritzker’s emergency powers include but are not limited to the following, which have been cited in the governor’s orders thus far:

  • To suspend any provisions of regulatory statute that would prevent, hinder or delay necessary action by the state or state agencies.
  • To utilize all available resources of the state government reasonably necessary to cope with the disaster.
  • To redirect state departments or agencies toward disaster response purposes.
  • To control the movement of persons and occupancy of premises within the disaster area.
  • To provide temporary emergency housing.
  • To control, restrict, and regulate the use, sale, or distribution of food, feed, fuel, clothing and other commodities, materials, goods, or services.

 

 

 

 

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Here is a timeline of Pritzker’s executive orders so far:

March 12:

March 13:

  • COVID-19 Executive Order No. 2:
    • Cancels all public and private gatherings of 1,000 people or more
    • Closes the Thompson Center to the general public
    • Suspends the two-year continuous service requirement for state employees to receive advancement of sick leave
  • COVID-19 Executive Order No. 3:
    • Closes all public and private K-12 schools through March 30
    • Suspends definition of student “chronic absences” so that it will not include absences due to COVID-19 closures and absences
    • Suspends the requirement that school districts gain approval for the implementation of e-learning programs

March 15:

  • COVID-19 Executive Order No. 4: Clarifies that the closure of schools does not close the buildings for food provision or noneducational purposes like polling places.

March 16:

  • COVID-19 Executive Order No. 5:
    • All bars and restaurants must cease all on-premises consumption through March 30 (later extended)
    • Prohibits all public and private gatherings of 50 people or more
    • Suspends one-week waiting period for unemployment claims
    • Suspends Open Meetings Act requirement that members of a public body must be physically present. Encourages postponing official government business when possible, and when conducting government business can’t be postponed, making video and phone access available to the public.

March 17:

  • COVID-19 Executive Order No. 6:
    • Suspends expiration of vehicle registration, driver’s licenses, parking decals, state ID cards and related proceedings
    • Suspends filing requirements for statements of economic interest by certain public officials and state employees under governmental ethics laws

March 19:

  • COVID-19 Executive Order No. 7: Mandates health insurance issuers regulated by the Department of Insurance cover the costs of in-network telehealth services

March 20:

Orders residents to stay at home, barring exceptions such as essential travel for essential work or supplies, exercise and recreation, through April 7.

  • Defines essential businesses, operations and government functions that are exempt from the order
  • Reduces allowable public and private gathering size to no more than 10 people
  • Orders all law enforcement officers to cease enforcing eviction orders for residential premises

March 23:

  • COVID-19 Executive Order No. 9:
    • Suspends requirement that Department of Corrections provide relevant state’s attorney’s office 14 days’ notice before an inmate receives an early release for good conduct and replaces with requirement that notice be provided as far in advance as possible or as quickly as possible.
    • Makes several minor revisions, clarifications or additions to previous executive orders

March 24:

  • COVID-19 Executive Order No. 10:
    • Suspends prohibition on hiring nursing assistants who are inactive on the Healthcare Worker Registry if they meet certain criteria
    • Extends the conditional employment period for nurse assistants pending fingerprinting/criminal background check
    • Suspends provision requiring 30-day written notice from the Department of Juvenile Justice before a youth inmates target release date and replaces with requirement that the department notify the state’s attorney’s office of release dates with as much advance notice as possible or as quickly as possible
    • Suspends requirement that Miners’ Examining Board hold an exam once every month

 

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If so, there is nothing to stop him from extending it through another order.

 

Thats fine with me as long as he doesnt abuse the power

 

We need something to keep the people inline that think this situation is no big deal

 

there are to many people that think they are indestructible or it wont happen to them or its not a big deal

 

this boomer doesnt want to be on the Boomer Removed list

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per Chicago Dept of Health order, ALL the Chicago lakefront, north to south, East of Lake Shore Drive is CLOSED plus the 606 trail and off limits. Why? Because of all the a-hole imbeciles who even after yesterday's tirades from the officials continued to congregate in close knit groups, play soccer, basketball etc. ignoring the social distancing orders in place.

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So does this mean that he can violate the US Constitution= such as freedom of assembly????

It means that he CAN and WILL enforce the mandate to protect the citizen's lives and well being in a time of a massive, deadly pandemic. Here in Chicago, sadly, there ARE plenty of imbeciles who feel THEIR enjoyments are far more vital than everyone else's health.

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So does this mean that he can violate the US Constitution= such as freedom of assembly????

 

"In a 1900 case, the Supreme Court said:

 

That from an early day the power of the states to enact and enforce quarantine laws for the safety and the protection of the health of their inhabitants has been recognized by Congress, is beyond question. That until Congress has exercised its power on the subject, such state quarantine laws and state laws for the purpose of preventing, eradicating, or controlling the spread of contagious or infectious diseases, are not repugnant to the Constitution of the United States....”

http://www.teapartyyouth.com/blog/are-quarantines-constitutional

 

“State and Federal Quarantine Authority

 

The federal Constitution nowhere expressly mentions quarantine, although Article I, Section 10 does acknowledge state power to enact and enforce “inspection laws.” More broadly, because the Tenth Amendment reserves to the states those powers not delegated to the federal government, it has long been understood that states may quarantine. Thus, in the landmark 1824 case of Gibbons v. Ogden, Chief Justice John Marshall’s unanimous Supreme Court opinion stated unequivocally that enacting quarantine laws is among the powers reserved to the states (and by extension, to local governments acting with authority granted by the states)”.

 

In addition, Marshall acknowledged that two federal statutes—one enacted in 1796 and the other enacted in 1799—authorized the federal government “to assist in the execution of the quarantine and health laws of” the states. He added that no one denied the validity of these federal laws. Nonetheless, there is some doubt about the current scope of federal authority to adopt quarantine measures".

https://verdict.justia.com/2014/10/08/containing-ebola-quarantine-constitution

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So does this mean that he can violate the US Constitution= such as freedom of assembly????

It means that he CAN and WILL enforce the mandate to protect the citizen's lives and well being in a time of a massive, deadly pandemic. Here in Chicago, sadly, there ARE plenty of imbeciles who feel THEIR enjoyments are far more vital than everyone else's health.

 

You did not answer the question, just the same old crap we have been hearing from fake news and the like. Don't really care what your opinion is since it does not stand up in court. Wanted to know what the courts say

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WHEREAS, there are currently 11 confirmed cases of COVID-19 and an additional 260 persons under investigation in Illinois; and,

 

This in now way meets any definition of “epidemic.” China, Italy, NYC having some public health outbreak is not an “epidemic” here.

 

There are a number of FOIA requests in process demanding “show your work.” This declaration is almost certainly illegal. If it is not, then any Governor could make up pretext for martial law in the extreme.

 

As the numbers in this country, particularly fatalities, fail to live up to the breathless MSM reporting and scary infographics with big red splotches, and as the author at a imperial College of climate change backs off his absurd 550,000 deaths in the U.K., now saying, gee, more like 22,000 half of whom would die anyway this year.... as all this happens or fails to happen, the big lie is falling apart. I hope there is heck to pay for these “scientists”, media creeps, and tyrannical politicians.

 

His Ferguson guy who started it all with scary projections is a climate change guy who uses secret climate change models. Won’t show his work... ask yourself... when was the last time a “climate scientist” published a study or report that concluded “everything is OK”

 

Nope. Their stock and trade is garbage, misleading statistics and bs models.

 

At least the governor left the gun shops open!

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Are we to define 'freedom of assembly' as freedom to infect the city? Sounds just this side of loony and does have the potential to be a life threatening act for those most vulnerable to this contagion.....frankly as a 71 yr old, people like ME.

 

One of the greatest dangers of this virus is its ability to be widely spread to all by the asymptomatic. Especially those who are too darn dumb to follow simple instructions like "Stay Home, Save Lives." This isn't rocket surgery or a classroom exercise in Constitutional law. When demand for finite medical resources outstrips supply, horrible triage decisions are made and bad things happen.

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WHEREAS, there are currently 11 confirmed cases of COVID-19 and an additional 260 persons under investigation in Illinois; and,

 

This in now way meets any definition of “epidemic.” China, Italy, NYC having some public health outbreak is not an “epidemic” here.

 

There are a number of FOIA requests in process demanding “show your work.” This declaration is almost certainly illegal. If it is not, then any Governor could make up pretext for martial law in the extreme.

 

As the numbers in this country, particularly fatalities, fail to live up to the breathless MSM reporting and scary infographics with big red splotches, and as the author at a imperial College of climate change backs off his absurd 550,000 deaths in the U.K., now saying, gee, more like 22,000 half of whom would die anyway this year.... as all this happens or fails to happen, the big lie is falling apart. I hope there is heck to pay for these “scientists”, media creeps, and tyrannical politicians.

 

His Ferguson guy who started it all with scary projections is a climate change guy who uses secret climate change models. Won’t show his work... ask yourself... when was the last time a “climate scientist” published a study or report that concluded “everything is OK”

 

Nope. Their stock and trade is garbage, misleading statistics and bs models.

 

At least the governor left the gun shops open!

 

Where do you get your figures? To date there are 1865 confirmed cases and 19 death from covid-19 in Illinois

https://www.bing.com/search?q=covid+19+cases+in+illinois&form=WNSGPH&qs=SW&cvid=1daf121179084443839adef5d77f3a52&pq=covid+19+cases+in+illinois&cc=US&setlang=en-US&nclid=1E10475B3B0B04D6B52ED9B3F30E1944&ts=1585270463048&elv=AXXfrEiqqD9r3GuelwApulqlfuC9ooF9OmoSz2bq978PEHKZLLL240p637kYSmbKJQvkKiwd1kU03za5dlntRJu0v1LgdwuR3JF1609GSL3%21&wsso=Moderate

 

Do you think that the President is in cahoots with the conspiracy, or maybe he has been taken captive and an actor is making these claims in his place?

 

What is your expertise in communicable diseases, public health, or infection control?

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WHEREAS, there are currently 11 confirmed cases of COVID-19 and an additional 260 persons under investigation in Illinois; and,

This in now way meets any definition of “epidemic.” China, Italy, NYC having some public health outbreak is not an “epidemic” here.

There are a number of FOIA requests in process demanding “show your work.” This declaration is almost certainly illegal. If it is not, then any Governor could make up pretext for martial law in the extreme.

As the numbers in this country, particularly fatalities, fail to live up to the breathless MSM reporting and scary infographics with big red splotches, and as the author at a imperial College of climate change backs off his absurd 550,000 deaths in the U.K., now saying, gee, more like 22,000 half of whom would die anyway this year.... as all this happens or fails to happen, the big lie is falling apart. I hope there is heck to pay for these “scientists”, media creeps, and tyrannical politicians.

His Ferguson guy who started it all with scary projections is a climate change guy who uses secret climate change models. Won’t show his work... ask yourself... when was the last time a “climate scientist” published a study or report that concluded “everything is OK”

Nope. Their stock and trade is garbage, misleading statistics and bs models.

At least the governor left the gun shops open!

 

Where do you get your figures? To date there are 1865 confirmed cases and 19 death from covid-19 in Illinois

https://www.bing.com/search?q=covid+19+cases+in+illinois&form=WNSGPH&qs=SW&cvid=1daf121179084443839adef5d77f3a52&pq=covid+19+cases+in+illinois&cc=US&setlang=en-US&nclid=1E10475B3B0B04D6B52ED9B3F30E1944&ts=1585270463048&elv=AXXfrEiqqD9r3GuelwApulqlfuC9ooF9OmoSz2bq978PEHKZLLL240p637kYSmbKJQvkKiwd1kU03za5dlntRJu0v1LgdwuR3JF1609GSL3!&wsso=Moderate

 

Do you think that the President is in cahoots with the conspiracy, or maybe he has been taken captive and an actor is making these claims in his place?

 

What is your expertise in communicable diseases, public health, or infection control?

From the governor’s emergency declaration. The pretext he used
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Are we to define 'freedom of assembly' as freedom to infect the city? Sounds just this side of loony and does have the potential to be a life threatening act for those most vulnerable to this contagion.....frankly as a 71 yr old, people like ME.

 

One of the greatest dangers of this virus is its ability to be widely spread to all by the asymptomatic. Especially those who are too darn dumb to follow simple instructions like "Stay Home, Save Lives." This isn't rocket surgery or a classroom exercise in Constitutional law. When demand for finite medical resources outstrips supply, horrible triage decisions are made and bad things happen.

Just remember if you grant them the right to violate one part of the constitution, you grant them to right to violate any part or all of the the constitution. That is what you are saying!

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From the governor’s emergency declaration. The pretext he used

 

You need to learn how to use quotation marks and cite sources. Your post looks like you are making all those statements.

 

The governor's proclamation was made on Mar 9, and was based on projected figures and information by experts in the fields of public health and infectious diseases.

The rapid increase in cases and deaths seems to support the earlier predictions.

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Are we to define 'freedom of assembly' as freedom to infect the city? Sounds just this side of loony and does have the potential to be a life threatening act for those most vulnerable to this contagion.....frankly as a 71 yr old, people like ME.

 

One of the greatest dangers of this virus is its ability to be widely spread to all by the asymptomatic. Especially those who are too darn dumb to follow simple instructions like "Stay Home, Save Lives." This isn't rocket surgery or a classroom exercise in Constitutional law. When demand for finite medical resources outstrips supply, horrible triage decisions are made and bad things happen.

Just remember if you grant them the right to violate one part of the constitution, you grant them to right to violate any part or all of the the constitution. That is what you are saying!

 

 

Have you ever done a search on quarantines and the Constitution?

 

Edited to change did to done.

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Are we to define 'freedom of assembly' as freedom to infect the city? Sounds just this side of loony and does have the potential to be a life threatening act for those most vulnerable to this contagion.....frankly as a 71 yr old, people like ME.

 

One of the greatest dangers of this virus is its ability to be widely spread to all by the asymptomatic. Especially those who are too darn dumb to follow simple instructions like "Stay Home, Save Lives." This isn't rocket surgery or a classroom exercise in Constitutional law. When demand for finite medical resources outstrips supply, horrible triage decisions are made and bad things happen.

Just remember if you grant them the right to violate one part of the constitution, you grant them to right to violate any part or all of the the constitution. That is what you are saying!

 

 

Have you ever did a search on quarantines and the Constitution?

 

My statement stands

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From the governor’s emergency declaration. The pretext he used

 

You need to learn how to use quotation marks and cite sources. Your post looks like you are making all those statements.

 

The governor's proclamation was made on Mar 9, and was based on projected figures and information by experts in the fields of public health and infectious diseases.

The rapid increase in cases and deaths seems to support the earlier predictions.

 

So sorry about the quotation - not so easy to do on the iPad. Thought the "Whereas" was a pretty good indicator that it was from the declaration.

 

Fact remains: the governor's declaration needed pretext - "epidemic." The numbers he cited are not an "Epidemic." The current numbers are not an "epidemic."

 

Epidemic: a widespread occurrence of an infectious disease in a community at a particular time.
__________________________________

 

 

19 deaths and 1900 "confirmed cases" is not an epidemic in a state of 13 million. And, I'm repeating myself here... if the Illinois Governor, whoever he is, can declare a state of emergency based on "models" that cannot be examined, inputs that are not disclosed or are incomplete, or the "potential" for an emergency, then our freedom is lost.

 

I'm really quite optimistic that this outbreak will not get much worse and certainly that it will not live up to the hype. Do you really believe that this visualization is realistic? I don't. But it's what the MSM and politicians are trotting out to justify arrogation of power to which they're not entitled.

 

And the source of these data has repudiated this hysterical analysis. And, frankly, his previous work. the number of UK cases and deaths fall way short of predictions, yet one cannot credit "shelter in place" orders for this success: UK started that two days ago.

 

So... to sum up:

  1. The topic is "what powers does gov have in emergencies."
  2. There is a good case that the Governor's Emergency Declaration is unlawful. You don't get to do this on the basis of someone's untested, untestable model. no emergency authority
  3. even now, there is no epidemic. No emergency authority
  4. The climate scientist who spawned these hysterical predictions has said, basically: "Oops, my bad. Sorry for crashing your economies."
  5. Life is good, gun shops are open, and this will pass.

 

.

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So does this mean that he can violate the US Constitution= such as freedom of assembly????

It means that he CAN and WILL enforce the mandate to protect the citizen's lives and well being in a time of a massive, deadly pandemic. Here in Chicago, sadly, there ARE plenty of imbeciles who feel THEIR enjoyments are far more vital than everyone else's health.

 

I like your thinking about this! (Notice I said, "...about this.") :flowers: :laugh:

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Even in times more normal than these law only functions because of compliance. Even when people comply to rules there exists certain behaviors that violate law but are too widespread for the state to control. An example of this principle is posted speed limits. With this as a basis it is easy to predict that people will stop being compliant in their confinement in a few weeks. Should government become draconian in measures to keep a population confined beyond what the people presume is enough, the people will resent it and become resistant. How resistance might look is anyone’s guess. But, as in speed limits, there are not enough government resources to control our behavior.
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So... to sum up:

  1. The topic is "what powers does gov have in emergencies."
  2. There is a good case that the Governor's Emergency Declaration is unlawful. You don't get to do this on the basis of someone's untested, untestable model. no emergency authority
  3. even now, there is no epidemic. No emergency authority
  4. The climate scientist who spawned these hysterical predictions has said, basically: "Oops, my bad. Sorry for crashing your economies."
  5. Life is good, gun shops are open, and this will pass.

You ignore recent statements by the President, WHO, CDC, and advice from numerous other experts in the fields of public health, epidemiology, virology, etc.

You disregard opinions of various Supreme Courts over decades concerning the authority of state government during medical crises.

Yet, you present no reference to court decisions or medical articles to support your claims.

 

I only bother to respond now in hope that others will recognize the foolishness of your declarations.

Of course, we all have been foolish at one time or another.

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