Re:South Dakota nurse says many dying patients still insist ...
by dragonwriter on Tuesday November 17, 2020 @02:32PM
(#25128508)
> In America, any power not explicitly granted to the federal government is left to the states. If Biden wins, this fact does not change, and he cannot enforce any policy regarding masks.
Sure he can.
The exact parameters of any such mandate and its manner of enforcement is circumscribed, but that doesn't mean there is no legally-enforceable federal mask mandate. A direct federal individual mask mandate, with direct personal liability for violations, is least likely to be Constitutional.
A federal mandate that states adopt, enforce, and demonstrate adequate compliance with such a mandate, with failure resulting in additional restrictions on interstate travel and trade, is certainly not only within the power of the federal government under the Commerce Clause, but also the executive branch under the Public Health Services Act and other laws relating to federal commerce-related responses relating to public safety.
Sure he can.
The exact parameters of any such mandate and its manner of enforcement is circumscribed, but that doesn't mean there is no legally-enforceable federal mask mandate. A direct federal individual mask mandate, with direct personal liability for violations, is least likely to be Constitutional.
A federal mandate that states adopt, enforce, and demonstrate adequate compliance with such a mandate, with failure resulting in additional restrictions on interstate travel and trade, is certainly not only within the power of the federal government under the Commerce Clause, but also the executive branch under the Public Health Services Act and other laws relating to federal commerce-related responses relating to public safety.