TexasCHLforum.com

The AG weighs in:

https://www.texasattorneygeneral.gov/op ... &utm_term=

KP-0306
Ken Paxton
Categories
Business and Commerce , Business Regulation , County Officers - Specific , Commissioner/County Judge , Governor

Summary

The Dallas County Judge does not have authority to regulate the operation of pawnshops during the COVID-19 disaster declaration.

Dallas County Judge Clay Jenkins is now the subject of a Request for Opinion to the Texas Attorney Genera:
https://www2.texasattorneygeneral.gov/o ... 0347KP.pdf

State Representative Dan Flynn notes that the Legislature has reserved to itself regulation of pawnshops, except for matters delegated to the Commissioner of the Office of Consumer Credit. He believes Mr. Jenkins' emergency order runs afoul of that and Dallas County is attempting to enforce the emergency order against pawnshops. Rep Flynn is asking the AG's opinion on this.

I had not heard that the Dallas County judge he got his wings clipped a little bit by the other commissioners, But happily I live nowhere near Dallas:

https://www.redstate.com/brandon_morse/ ... his-words/

carlson1 wrote: ↑Sun Mar 22, 2020 11:03 pm

ELB wrote: ↑Sun Mar 22, 2020 10:07 pm Can the government just close my favorite bar? (Or church)
https://reason.com/2020/03/16/can-the-g ... orite-bar/

A bar may be one thing,...

Freedom of Religion, Speech, and the Press

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

...and a church may be the same thing.

See
“Shall not be infringed...”

One of the points made in the article I linked to above is the Constitution was designed to curb federal power, but leaves a considerably broader “police power” to the States. The intent was to keep keep power closer to the local level. The 14th Amendment incorporated some of the Bill of Rights against the States, but even then leaves a lot of power to the States and their Governors and other elected leaders. The 5th Amendment says the State must provide “just compensation” but it doesn’t say it can’t commandeer your stuff. American history has any examples of the government commandeering items during an emergency and worrying about the compensation later.

The Texas Constitution is designed to limit the power of the Governor, so the remaining power devolves to the Legislature and the local governments. If the Legislature hasn’t reserved a power to itself, then the local government can use it.

“Which is better - to be ruled by one tyrant three thousand miles away or by three thousand tyrants one mile away?"

Cotton Mathers’ nephew originally said this (not Mel Gibson) in opposition to revolt against King George III. He might have had a point. ;)

Can the government just close my favorite bar? (Or church)
https://reason.com/2020/03/16/can-the-g ... orite-bar/

powerboatr wrote: ↑Mon Mar 16, 2020 10:03 pm

jmorris wrote: ↑Mon Mar 16, 2020 7:20 pm

joe817 wrote: ↑Mon Mar 16, 2020 5:21 pm What's next? Curfew for all citizens? Bringing out the National Guard to enforce that curfew? Hmmmm......

Almost sounds like martial law, doesn't it?

"Officials in six San Francisco Bay Area counties issued a sweeping shelter-in-place mandate Monday affecting nearly 7 million people, ordering residents to stay at home and go outside only for food, medicine and outings that are absolutely essential."

ABC News: San Francisco Bay Area counties issue shelter-in-place order - ABC ....
https://abcnews.go.com/Health/wireStory ... e-69627648

and all the street sleepers must stay in their tents

Yeah, like the street sleepers are going to obey the law. I'll bet it's against San Fran policy for the police to "harass" them. With all the law-abidin' folks sequestered at home and the homeless camped out in every nook and cranny, and the mentally ill wandering the streets defecating everywhere, it would be easy to shoot a re-make of "The Omega Man". You'd only need the lead actor and that filming technique where the cameraman just follows the actor everywhere.