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12-08-2021, 07:55 PM
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#1
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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Basic logic test
Is a mandate against a mandate a mandate? Go...
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12-08-2021, 07:55 PM
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#2
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Valued Poster
Join Date: Apr 29, 2013
Location: Milky Way
Posts: 10,914
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Yes and no.
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12-08-2021, 08:00 PM
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#3
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Valued Poster
Join Date: Oct 31, 2019
Location: Miami, Fl
Posts: 5,667
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Quote:
Originally Posted by 69in2it69
Is a mandate against a mandate a mandate? Go...
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Your going to have to go a little deeper than that if you want an honest answer and debate. Right now, I have no idea what you are talking about. Spell it out and I'd be glad to offer an opinion.
But I will point out that on a federal level, Biden's vaccine mandate has been thrown out by at least 3 federal judges. State judges are a whole different story.
Interesting topic. Give us something to go on.
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12-08-2021, 08:00 PM
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#4
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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Like anti-matter is a type of matter but opposite?
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12-08-2021, 08:08 PM
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#5
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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I just thought something that might actually involve actual thinking would be a good break. And pretty sure it's not a topic that will be on (pick-a-wing) news. So, to provide context. Is mandating that a mandate cannot be enforced a mandate?
Isn't a speed limit a mandate? If the state speed limit is 65 and a city chooses not to enact one, does that mean the state doesn't have the right to enforce the 65 limit if I choose to drive 165 through this city? Why or why not? Endangering others is not permitted in justifying either side.
Was the draft a mandate from the federal level and did state and local officials have the right to exclude their residents from it? Why or why not?
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12-08-2021, 08:20 PM
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#6
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Valued Poster
Join Date: Sep 26, 2021
Location: down under Pittsburgh
Posts: 10,068
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... Hmmmm... And you can surely pick your friends, and you
can pick your nose - but you can't pick your friend's nose.
### Salty
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12-08-2021, 08:24 PM
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#7
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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Quote:
Originally Posted by Salty Again
... Hmmmm... And you can surely pick your friends, and you
can pick your nose - but you can't pick your friend's nose.
### Salty
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Untrue, it is completely possible to pick another's nose from the physical capacity of fingers. Not something I'd choose, but it might be a thing for some.
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12-08-2021, 08:47 PM
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#8
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Valued Poster
Join Date: Sep 26, 2021
Location: down under Pittsburgh
Posts: 10,068
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Quote:
Originally Posted by 69in2it69
Untrue, it is completely possible to pick another's nose from the physical capacity of fingers. Not something I'd choose, but it might be a thing for some.
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... Hmmmm... maybe you're right, mate.
But they say that God (from the Bible-books and what-not)
can do ANYTHING!
... So IF God can do anything - can He create a rock so big
that He can't lift it?
### Salty
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12-08-2021, 08:55 PM
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#9
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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Quote:
Originally Posted by Salty Again
... Hmmmm... maybe you're right, mate.
But they say that God (from the Bible-books and what-not)
can do ANYTHING!
... So IF God can do anything - can He create a rock so big
that He can't lift it?
### Salty
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Easy, Yes. But if he can do anything he would then be able to increase his strength so he could lift the rock he couldn't before. Rinse and repeat for infinity.
Got anything to add on the topic of mandates as mentioned, or need another Fosters to think on it?
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12-08-2021, 08:57 PM
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#10
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Valued Poster
Join Date: Apr 29, 2013
Location: Milky Way
Posts: 10,914
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How do you make somebody not do something? What are the consequences?
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12-08-2021, 08:58 PM
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#11
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Valued Poster
Join Date: Oct 31, 2019
Location: Miami, Fl
Posts: 5,667
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Quote:
Originally Posted by 69in2it69
I just thought something that might actually involve actual thinking would be a good break. And pretty sure it's not a topic that will be on (pick-a-wing) news. So, to provide context. Is mandating that a mandate cannot be enforced a mandate?
Isn't a speed limit a mandate? If the state speed limit is 65 and a city chooses not to enact one, does that mean the state doesn't have the right to enforce the 65 limit if I choose to drive 165 through this city? Why or why not? Endangering others is not permitted in justifying either side.
Was the draft a mandate from the federal level and did state and local officials have the right to exclude their residents from it? Why or why not?
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Simple answer is that the federal government can mandate that which the Constitution gives such powers. All other powers are left to the states.
So yeah, the federal government can mandate some thing and some things it can not. As I said, it is looking like the federal government can not mandate vaccines but states can.
It's all right there in the Constitution for anybody looking for such answers as to what the federal and state governments can and can't do subject to the interpretation of the SC.
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12-08-2021, 09:24 PM
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#12
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Valued Poster
Join Date: Jun 5, 2016
Location: Arkansas
Posts: 870
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Quote:
Originally Posted by HedonistForever
Simple answer is that the federal government can mandate that which the Constitution gives such powers. All other powers are left to the states.
So yeah, the federal government can mandate some thing and some things it can not. As I said, it is looking like the federal government can not mandate vaccines but states can.
It's all right there in the Constitution for anybody looking for such answers as to what the federal and state governments can and can't do subject to the interpretation of the SC.
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Thank you for a thoughtful and intelligent reply, it's exactly what I had hoped to promote. But, the SC is part of the judicial arm of the federal government, so does that mean that ultimately the federal intrepretation can negate any state choice?
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12-08-2021, 09:52 PM
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#13
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by eccieuser9500
Yes and no.
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eye was gonna say that! lol!
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12-08-2021, 10:14 PM
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#14
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Valued Poster
Join Date: Apr 29, 2013
Location: Milky Way
Posts: 10,914
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Quote:
Originally Posted by dilbert firestorm
eye was gonna say that! lol!
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I mandate that you say that too.
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12-09-2021, 12:35 AM
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#15
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Valued Poster
Join Date: Sep 29, 2021
Location: New Orleans
Posts: 599
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A state mandate against a federal mandate would generally fail. The supremacy clause would allow the federal govt to take precedent if the federal rule were legal to begin with. The federal govt can legislate and make rules with a lot of them falling under the commerce clause.
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