But it seems to me that those on the "other side" (the right/conservative/fascist/etc folks) don't seem to fully understand what it means to support STATE'S rights! Within THAT philosophy Governors would be able to assert "overprotective" policies designed to "protect" us from some harm without limits other than those already within their own State Constitution.
Potentially violating sacred individual "rights" all the while their actions and executive orders are allowed to STAND due to inaction of the (State) judicial branch OR a State constitutional framework that allows for the abridging of "individual rights" in pursuit of the common good.
States are obligated under Article VI to follow all Federal laws and regulations as the supreme law of the land. So this isn't correct. Nothing in any state constitution can supersede the individual protections of the First Amendment. Period. You do touch on an interesting point, though. Almost all of the courts have been shut down by the same executive orders to which I take exception. It's an interesting problem. How can anyone challenge the orders if the courts are closed? Does closing the courts also violate the Constitutionally-guaranteed right to a "speedy trial?" I'm inclined to say no, at least not yet. But it does present an interesting problem, maybe reveals a loophole. Again, it doesn't necessarily matter how much we agree with the motivation to close the courts right now. This illuminates the fact that our systems seem to allow a state governor to issue an illegal declaration, shut down the courts, and make his illegal order impervious to legal challenge. Something like that could be abused in other circumstances.
Now let me ask you................will YOU be willing to undergo a "test" of some sort administered by Governmental authority (either State or Fed) to determine your covid-19 status?
Many health experts are saying that the ONLY sure way to win the battle against covid-19 is by mass (National) testing.
Thus identifying those that carry the virus and are spreading it.
As I read the US Constitution an "order" would be prohibited. But a National patriotic request would be legal. Would it be followed/obeyed?
I'm not convinced mandatory testing would be illegal. I don't think we have the resources for it right now. But I don't see why it wouldn't be legal. I do think you may be misinterpreting what "many health experts" are saying, or perhaps who qualifies as an expert. I don't think anyone with real knowledge advocates testing everyone. I'm also not sure what good one round of universal testing would do. You'd have to keep doing it every few days to keep multiple rounds of infection home to really stop the disease entirely. And then you'd need to close the country to all foreign entry until the virus has disappeared everywhere. That would be catastrophic economically. Testing everyone is a way to get to 0 cases, but 0 cases isn't a realistic goal. Testing everyone nationwide is wildly unnecessary to flatten the curve.
But sure, I'd be happy to go in for routine testing if requested or mandated by any level of government. And again, I actually think that would be legal.
The hypocrisy of right-wingers is legendary in my world and NOWHERE is it more clear than by those folks gladly accepting their socialist payments of cold CASH from the Federal Gov't, with NO protest about this payment being blatant socialism!
I agree with this. It's way off the rails in terms of the original Constitutional question, but widespread payments to the general public were just a bad idea from the very start. Several prominent Senators made this argument for me - ultimately, the purpose of the Federal stimulus bill is to... be a stimulus. Giving money to individuals during a time when a bunch of places to spend money are closed anyway doesn't really stimulate the economy. I understand the appeal of putting a little bit of money in people's pockets during a difficult financial time, but I don't think it's an efficient use of Federal resources. In the short term, it will make people more comfortable, but it has no long-term benefit. I would be pumping all of the money into the industrial and commercial sectors. You can beef up the funding for Federal unemployment benefits with some of the money, but you just don't have to pay everybody. In 3 years those people would be better off by pumping the money to businesses so that when the virus has faded into the background the job and stock markets rebound quickly. There's going to be short term economic pain no matter what. The best use of the money would, in my view, have been to make the rebound as quick as possible when this is over.