LawyersGunsandMoney
Georgia Tech Fan
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I have the inalienable rights of freedom of worship and assembly. Therefore, I don't need permission to worship and assemble. Government thinks they can give me permission. But permission is the antithesis to liberty. When man's laws contradict God's laws, I will follow God's laws. Furthermore, there is no pandemic exception to the first amendment.
The constitutionality of this is a bit murky. The First Amendment originally applied to CONGRESS and the Federal Government. The states, of course, pre-existed the Federal Government and came together to create it. Originally, almost all police powers resided in states and localities and were far, far broader than federal prerogatives.
The laws governing police powers in Anglo-American culture go back to the common law and Magna Carta, but apparently it was always assumed in cases of war or pandemic normal rights and customs were permissibly suspended. Alexander Hamilton was forcibly quarantined when he arrived in New York from DC after a smallpox outbreak in DC, and he didn't file suit because NY did in fact have those police powers.
Where it gets a bit murky is the massive amounts of civil rights jurisprudence that has ruled the Bill of Rights DOES apply to the states even where the language doesn't suggest it does.
Long story short: 200 years ago states clearly had these powers; intervening constitutional developments since make it murky; ultimately we need to be mindful when we vote for our governor that this office is potentially far more powerful than the presidency (although give it time with how imperial that office has become.)