You are wrong as usual.
Just one example
If people were being punished for being in places that are shut down they would be getting trespass tickets.
My freedom to move about freely is being restricted as is my right to peaceably assemble. That’s like saying my right to free speech isn’t being infringed upon if I am allowed to say only certain things.
No need to. Things are starting to open up in a number of states.
Tn is opening up the 30th. Ga this friday. There are a number of others.
What are you referring to as predating the incorporation of the Bill of Rights to the states? The fourteenth amendment? That happened in 1868, 34 years before 1902.
Sure the fourteenth, but the first and second weren’t incorporated until after 1902.
And before you start on the broken taillight
but the ticket they ended up issuing to Shaffer says she violated the state’s Disease Control and Prevention Act of 1955 and “failed to abide by the order of the governor and secretary of health issued to control the spread of a communicable disease.”
That case was filed on the basis of the 14th Amendment and the Commerce Clause of the Constitution itself. First and second amendments played no role.
And? They could play a role in challenging current stay at home orders, they couldn’t have been then because they had yet to be incorporated to the states.
Are the normal health code violation passed by legislation?
Are these emergency closure based on legislation that has passed, and the banning of any group of 10 or more not related through legislation passed? or under the direction of a court?
Not to mention, the danger has to warrant it, Stanford is now saying mortality rates could be as low as .01%, ten times lower than the flu.
Pro Tip: the word “interpret” appears exactly nowhere in Article 3 of the US Constitution.
Played no role?
Played no role in 1902, which predates their being incorporated to the states.
Im answering the question in the OP.
The question in the OP is “What in the constitution allows the government to make all these business close”.
My answer is "Nothing in the constitution forbids state government from forcing business to close and for over 200 years state government have forced business to close.
If you want to ask “Do State Governors have a right to issue orders alone to close business” that is a different question and prob depends on the state.
Lots of words aren’t in the Constitution. How can a court make a ruling about something not expressly stated in any document if they are unable to interpret? I guess we should do away with the courts since if something is not said verbatim in a legal document it should be thrown out. Easy.
Read the filing. Freely available.
That’s not how the Constitution is designed to work.
Only with due process.
While I do believe there is some serious over reach in our response, particularly in some states, if the General Welfare clause does not cover pandemics, it doesn’t cover anything.
Lol. Read the case. A case is brought to a court based on a legal question. That’s how these things work. You make a specific challenge. In this case the plaintiffs questioned the legality of the quarantine based on the 14th Amendment and Commerce Clause. The 1st and 2nd Amendments played no role.
