Florida Gov. Ron DeSantis asked whether former President Trump was running to get back at his poltical enemies or ensure a brighter future for Americans.

I didn’t vote for Trump in 2016. I didn’t vote.

In 2020 I voted for Trump because knew Biden would be bad. He has done better than I expected but the inflation is killing me and the focus on the wrong thing isn’t helping.

Early on I was a De Santis fan but my interest has waned as he has taken hard stances on things that need compromise.

  • jimbolauski@lemm.ee
    22·
    11 months ago

    Go back and read it again - a public health emergency is a particular thing and justifies more legal authority than is normally allowed.

    Done and done.

    Cite the law that gives the federal authority to take control form the states.

    USC 42 § 243

    There is nothing in that law that gives federal authority to take control from the states.

    Well, yes. The Secretary can tell people what to do and the Secretary can access necessary resources. That’s more or less totally comprehensive of the scope of government power - distribute things and give orders. Were it possible to wave a magic wand and have disease disappear, that power would be enumerated for the Secretary during a public health emergency too.

    The law you cited says HHS secretary can tell HHS employees what to do, and access HHS resources. The law does not give the HHS secretary the authority to confiscate or redistribute private or state owned resources nor allow the HHS secretary control over private or state employees.

    The text of the law you quoted brings them under the authority of HHS in a state of public health emergency.

    Could you provide the text where it says that?

    • crashfrog@lemm.ee
      3·
      11 months ago

      There is nothing in that law that gives federal authority to take control from the states

      Technically the government isn’t “taking control from the states” when it uses its superior authority in a public health emergency; the states are still in control, they’re just being directed by the Federal government. They don’t lose authority; it just becomes subordinate to Federal authority. That’s what’s authorized by USC 42 § 243.

      The law you cited says HHS secretary can tell HHS employees what to do, and access HHS resources.

      No, it’s not so limited.

      Could you provide the text where it says that?

      You already have. I can’t make you read it, though.

      • jimbolauski@lemm.ee
        13·
        11 months ago

        Technically the government isn’t “taking control from the states” when it uses its superior authority in a public health emergency; the states are still in control, they’re just being directed by the Federal government. They don’t lose authority; it just becomes subordinate to Federal authority. That’s what’s authorized by USC 42 § 243.

        You are not in control if you are being directed by someone else.

        There is nothing in USC 42 § 243 that gives the federal government authority over the states. USC 42 § 243 does not define jurisdiction for HHS.

        The law you cited says HHS secretary can tell HHS employees what to do, and access HHS resources.

        No, it’s not so limited.

        This is the part where you cite the law that gives HHS more authority.

        You already have. I can’t make you read it, though.

        I’ve read USC 42 § 243 multiple times, I honestly don’t see which part of USC 42 § 243 grants HHS authority to direct/control the states response.

        • Neuromancer@lemm.eeOPM
          24·
          11 months ago

          I’ve read USC 42 § 243 multiple times, I honestly don’t see which part of USC 42 § 243 grants HHS authority to direct/control the states response.

          It gives them the power to advise and give states help if asked.

          Otherwise, we wouldn’t have had 50 different plans for COVID. The federal government would have enforced one plan but as I cited previously, even Biden admits that isn’t a power the federal government has.

          • jimbolauski@lemm.ee
            13·
            11 months ago

            I seriously can’t tell if cashfrog is willfully ignorant, ignorant, or trolling. There are other laws he could have cited that some have argued give HHS ultimate authority but USC 42 § 243 is not that law.

            • Neuromancer@lemm.eeOPM
              24·
              11 months ago

              That section is mainly about borders where the federal government has jurisdiction. It’s explained in the link I sent him.

              I think he believes if he repeats it enough, says he’s an expert, we will all say oh ok.

              I am not an expert but I’ve been briefed as part of my duties.

              It’s possible he’s confusing advise with authority.