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Joined: 8/10/15 Posts: 1588
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The constitution makes no mention of closing anything...

including churches. I does make clear the defined separation of church and state. This is why "creation science" is not taught in public school. This is why we don't have the 10 commandments on the the walls at CU. In an emergency (health, disaster, defense) the STATE'S Governor has the ability to close anything it deems appropriate. Most local officials know this and abide by it-the few oddball nut jobs quickly get their asses kicked. The restriction of commerce is mostly a States right (think pot in Colorado vs. Kansas). Where it gets interesting is in the overlap of Federal and State laws.
Look at drug testing for pot-if you get Federal monies-pot is a no no,but one does not have to drug test for pot if no Federal funds are involved.

The Governor can recommend shutting anything if appropriate. Of course, one can always challenge the authority in court-happening in Calif. right now. A great example of state and federal power is the Univ. of Alabama and admission of black student in the 60s. Wallace -governor of ala. prohibits black students, president calls in the Guard they let them in. Federal wins because Univ. Of Alabama is public and takes Federal Funding-if private they might have prevailed (lots of lawsuits e.g. Brown vs BD of ed and others).

Nothing special about houses of worship ,say vs. a local restaurant (except one pays taxes and the other does not).


(In response to this post by Uppstate)

Posted: 05/22/2020 at 3:10PM


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