Thread by @drakekatt, The reasons mask wearing mandates are legal. NC as an example.--> States [...]

The reasons mask wearing mandates are legal. NC as an example.

--> States have police powers that allow them to protect citizens health and safety. Such as police forces, trash pickup,

These powers include stay at home orders and quarantine.

Police powers belong to the state and existed before the Republic was formed. The states did not give up this power when they joined the Union.

This was upheld for safety and health emergencies and includes the right to mandate vaccines by SCOTUS.

3/ The oldest Supreme Court decision on this is Jacobson v. Massachusetts, 197 U.S. 11 (1905) Jacobson v. Massachusetts, is the goto defense when a state is sued by over COVID related mandates. https://supreme.justia.com/cases/federal/us/197/11/#tab-opinion-1921099

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

https://supreme.justia.com/cases/federal/us/197/11/#tab-opinion-1921099

4/ Jacobson was last used at SCOTUS by California when sued over church closings.

SOUTH BAY UNITED PENTECOSTAL CHURCH, ETAL.v. GAVIN NEWSOM, GOVERNOR OFCALIFORNIA, ET AL.

https://www.supremecourt.gov/opinions/19pdf/19a1044_pok0.pdf

5/ Police powers enable state legislatures to write laws that enable the governor to issue mandates during an emergency.

Usually these powers have the force of law and in some cases can suspend laws.

6/ The legislature gives this power to the governor for swift responses to an emergency. The powers are broad so the legislature doesn't have to iterate unforeseen disaster and because they might not be able to convene during a pandemic or hurricane.

7/ The same law is for health and safety.

Health: Epidemics
Safety: Beach and road closures during a hurricane. Evacuations after an earthquake.

These powers can go as far as mandating vaccines but not force them.

8/ The final step is for the governor to issue mandates or proclamations which in most states have the force of law. Disobeying them could result in fines or jail.

A legislature can stop a mandate in two ways.

9/ They can sue the governor if he oversteps the law such as extending a mandate beyond what the law allows. The second way is to amend the law to not allow the mandate such as can be done for mask mandates. No legislature has done this but they have sued.

10/ A citizen or business can sue if there is a state or federal constitutional question. This would be based on the merits of the mandate where the lawsuits by legislatures are technical and don't directly challenge masks as an example.

11/ There have been no successful lawsuits that have overturned mask mandates on the merits totally statewide but states have lost on certain grounds such as whether a gym can open etc and one individual was ruled exempt from them.

https://www.google.com/search?q=mask+mandate+lawsuits

12/ Some say that masks mandates are not a law. This is true but law includes many things besides statutes. Police powers are not a law but they are law. The Constitution itself is not a law but of course it is law.

13/ The Supreme Law of the Land includes treaties as well as the Constitution and federal laws.

Treaties are not laws but they are part of the law.

The Constitution is not a law but is part of the law.

Mandates are not a law but are part of the law.

14/ Through this path is shown that mandates are not optional because they haven't been voted on by the legislature because the legislature DID vote to make mandates law in advance of an emergency.

Because mandates are statewide they apply to everyone and not just the executive.

15/ There are two ways to learn what powers the legislature has given the governor in the emergency powers acts.

First, open the EO and see what law it evokes. Second, use a search engine and search on:

[State Name] emergency
powers act

16/ For example North Carolina.

[State Name] emergency
powers act

https://files.nc.gov/governor/documents/files/EO155-Extension-of-Phase-2.pdf

https://www.google.com/search?q=north+carolina+emergencypowers+act

17/ Some say Jacobson v. Massachusetts is too old to matter or it was only about vaccinations.

Jacobson is about restraining your rights during a health or safety emergency. Besides keeping churches closed it has been used to ban abortions in TX due to PPE shortages.

18/

IN THE UNITED STATES COURT OF APPEALSFOR THE FIFTH CIRCUIT

http://www.ca5.uscourts.gov/opinions/pub/20/20-50296-CV0.pdf

Jacobson is not about churches, vaccinations mask mandates. It's about any law or mandate that justifies the restraint of our rights in times of emergencies.

19/ Our liberty has always been restrained. You have the right to peacefully assemble but not in a county park at 2am. Most restraints aren't noticed.

School closings, bars, restrains, gyms, bowling alleys and general businesses are the ones we see.

20/ Until mask mandates hit the Supreme Court we won't know for sure if it's covered by Jacobson. Six months on and no one has landed one there yet.

The path to a mandate is

State Police Powers --> State Legislature --> Governor --> Executive Order --> The People

21/

Summary:

Police powers enable the legislature to enable the governor with extraordinary powers during a health or safety emergency. The Supreme Court has ruled it constitutional. Mandates have the power of law. If you don't like it call your state congressman before you sue

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