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Reply to "US coronavirus cases top 10,000 and on the same or worse curve than Italy"
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[quote=Anonymous][quote]The federal govt. dictating a mask mandate would be unconstitutional. It is up to the states. [/quote] Which brings me back my original post....how I was explaining the federal v. state government system in the US to my DD. https://www.lawfareblog.com/can-federal-government-override-state-government-rules-social-distancing-promote-economy [i]Our constitutional order has a federal structure, meaning that (a) federal powers are supreme, yes, [b]but limited in scope[/b] and (b) the state governments are independent entities, not mere subordinate layers under and within the federal government (that is, the federal-state relationship is not similar to the way that counties and cities are subordinate layers under the state governments). What follows from this? The federal government cannot commandeer the machinery of the state governments (or, by extension, of local governments). That is, the federal government cannot coerce the states into taking actions to suit federal policy preference. See, e.g., New York v. United States and Printz v. United States. And so, the federal government cannot compel state and local officials to promulgate different rules on social distancing and the like.[/i] [/quote]
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