Re:Shelter in place for Bay Area counties
by ghayes on Monday March 16, 2020 @04:12PM
(#22597071)
There's a lot of interesting questions here. Constitutionally speaking (at the Federal level), there is an express right given to the Executive branch: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." This situation would certainly fall under the latter condition.
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Re:Shelter in place for Bay Area counties
by joshuamorton on Monday March 16, 2020 @04:18PM
(#22597150)
Reread that, it's not public safety in general, but public safety due to invasion or rebellion.
Re:Shelter in place for Bay Area counties
by gamblor956 on Monday March 16, 2020 @07:32PM
(#22599497)
Reread that, this is a limitation on Congress's power to limit habeus corpus, not the executive's power.
On the other hand, habeas corpus itself isn't so directly tied to freedom of movement, since it's a procedure that applies after you get detained. Also, the outcome of the procedure could be that a judge upholds the legality of your detention!
If police stop people on the street and tell them to turn around and go home, habeas corpus might not be a particularly relevant remedy.
Re:Shelter in place for Bay Area counties
by solidasparagus on Monday March 16, 2020 @04:19PM
(#22597158)
I don't think we dealing with either Rebellion or Invasion