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Meanwhile, in Sweden, I’ve not seen a single Jack Skellington The Scream Before Christmas Shirt person wear a mask. And they’re going on a whole week with zero deaths, but that doesn’t fit the narrative. Legally speaking, a “mask mandate” is the police power (which means, essentially, the power to regulate strictly for the health and safety of the public), and the Federal Government does not have this power. Mandating masks would fall to the individual states. You’d think so but they managed to pass federal drug laws that apply even if your marijuana is homegrown and never crosses state lines. It’s not hard to argue the pandemic has an effect on interstate commerce and trigger federal jurisdiction.
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I would be very surprised – that is a bridge Jack Skellington The Scream Before Christmas Shirt farther in usurping state power than has succeeded so far I think. “Buying and selling” of marijuana is clearly commerce, as is the buying and selling of wheat. This is about mandating a private non-commercial act. Recall that in NFIB v Sebelius, SCOTUS refused to allow Congress the power to require the purchase of insurance using the commerce clause. What they did was allow Congress to tax those who chose not to (invoking the power to tax). A subtle but important difference. Of course, using that logic, they might get away with a sin-tax for those who don’t wear a mask.
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