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Shea and the Constitution
Right-wingers claim shutdowns aren’t constitutional. However, it is useful to note that your article with my (urp!) Rep. Shea’s picture doesn’t have them actually providing an argument. Let’s discuss it. The document only says the federal government has the right to regulate international commerce and between states (Article 1, Section 8, Paragraph 3) and that it shouldn’t favor one state over another (Article 1, Section 9, Paragraph 9).
Then there’s the pesky section they love to reference in other instances, Amendment 10, where all rights not enumerated are left to the states.
So the states have shut down businesses for the safety of the people. There’s nothing in the federal Constitution that prevents it. Is there anything that would allow it? Let’s go back to Article 1, Section 8, again. The first paragraph says “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” General welfare. Yes, the general welfare of our nation includes not killing hundreds of thousands of people through a callous focus on the money of a few.
Rather than the decisions of governors not being constitutional, there’s indication that Mango Mussolini’s lack of interest in saving lives and the unwillingness to do it nationally is what is in violation of the Constitution.
David Teich
Spokane Valley