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View Full Version : FNC’s Napolitano: Nationwide Mask Mandate ‘Absolutely’ Unconstitutional



jimnyc
09-17-2020, 02:00 PM
Agreed with this attack from the beginning. I think that outside of a vaccine, the next best option is to wear masks.

And while they are the best option and especially so if everyone wears them, it's not something that they can force people to do. Similar with vaccines, where there are many now, but folks don't have to get them if they don't want, or they can choose not to get them for their child. But as discussed tons of time, if you don't, there may be consequences, as in places requiring them in order to enroll or be a member of.

We are seeing mandates in states right now or townships, where you can get heavy fines for not wearing them in public. Pa right now has a bill going forward requiring wearing a mask in public & if you get busted you can get up to 2 years in prison and a $5,000 fine. :rolleyes:

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FNC’s Napolitano: Nationwide Mask Mandate ‘Absolutely’ Unconstitutional

Thursday, Fox News Channel senior judicial analyst Andrew Napolitano weighed in on a nationwide mask mandate after Democratic presidential nominee Joe Biden suggested he would have the authority to implement one if elected.

Napolitano on “Fox & Friends” said such a mandate is “absolutely” unconstitutional. According to the former New Jersey Superior Court judge, governors and presidents can urge people to wear a mask and lead by example, but they cannot order them to wear one.

“Absolutely not,” Napolitano advised when asked if Biden has the legal authority to order a mask mandate. “Not even a close call.”

He continued, “President Trump knows he can’t do it. I don’t think he would even if he could. There is absolutely no legal authority in the Constitution for the President of the United States to tell you what to wear on your face. There isn’t even a legal authority for the governors to tell you what to wear on your face. The governors can cajole. The governors can coerce. The governors can lead by example. The governors can suggest. The governors can mold opinion. But they can’t order a mask. The president can do the same. He can set an example. He can wear the mask himself. He can talk about the safety aspects, the health aspects of a mask. But the power of law to force a human being to wear a mask at the federal or state level simply does not exist in the United States.”

https://www.breitbart.com/clips/2020/09/17/fncs-napolitano-nationwide-mask-mandate-absolutely-unconstitutional/