Jacobson and COVID

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.8 • 4.1K Ratings

🗓️ 24 April 2020

⏱️ 31 minutes

🔗️ Recording | iTunes | RSS

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Summary

In mid-April, 2020, states are beginning to explore ways to re-open their economies amid the global coronavirus pandemic. But with states devising their own paths forward, many are wondering what powers the government has, even during a national emergency. Are the states violating our civil liberties by enforcing these lockdowns? To answer this question, many legal scholars are looking to a 115-year-old Supreme Court case for answers, Jacobson v. Massachusetts.

Transcript

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0:00.0	Liberate Elizabeth Joe.
0:02.0	All right. This is what Trump can teach us about Con Law, an ongoing monthly series of indefinite length
0:27.0	where we take the tweets of the 45th President and his critics and use them to examine our Constitution like we never have before.
0:34.0	Our music is from Doomtree Records, our professor and neighbor is Elizabeth Joe,
0:38.0	and I'm your fellow student and host, Roman Mars. Hey, how's it going?
0:55.0	Oh, I'm okay. This is a little bit weird. We're not even in the same room right now.
1:00.0	No, not at all. It is very weird. The first Trump-on law under quarantine, we're being compliant and responsible.
1:08.0	Yeah. Staying really far apart from each other.
1:10.0	Very far apart at this point.
1:12.0	Okay, so as we're talking it is Thursday morning, Pacific Coast Time, April 23rd, and so where are we in the world of
1:23.7	quarantineing and what's going on in the world?
1:27.0	So you and I are both in California.
1:29.2	We're still in a shelter and place order like a lot of Americans. Well, the president has had a lot. a it's useful to talk about a couple of tweets he had all in a row on April 17th.
1:44.8	I think I know the ones you're going to talk about.
1:46.5	Okay. Exactly. He tweeted first, liberate Minnesota.
1:54.0	Then he tweeted, liberate Michigan.
1:57.0	Then he tweeted, liberate Virginia,
2:00.0	and save your great Second Amendment.
2:02.0	It is under siege.
2:05.0	The Trump is tweeting about states trampling civil liberties.
2:09.0	And the real question is, how far can states go
2:12.0	and what kinds of individual rights do we retain even in the state of a pandemic.
	...

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