Article from For Liberty by Norm Leahy.
The Centers for Disease Control recently issued a public health order temporarily halting evictions nationwide, reasoning that such a move “can be an effective public health measure utilized to prevent the spread of communicable disease.”
While some have applauded the order, others are concerned that it represents an unprecedented assertion of federal authority. As the Cato Institute’s Waler Olson writes:
Standard readings of the Constitution accord states a broad, inherent police power which has long been recognized to include sweeping health powers. The federal government by contrast is one of enumerated powers — to regulate interstate commerce, for instance. Maybe your mayor can order you to mask up. That doesn’t mean the U.S. president can! Not only does he need to point to an authorizing law passed by Congress — which may or may not be there — but that law must also rest on an enumerated power.
While no such enumerated power exists, that’s not going to stand in the way of an agency looking to do something. Olson writes:
As colleague Julian Sanchez notes, “This is an extraordinary assertion of federal authority by executive fiat based on an incredibly tenuous link to an underlying statutory authority.” Among its implementing measures, this short enactment enumerates steps such as quarantine of travelers and persons believed infected, fumigation or destruction of goods exposed to contagion, and closely related measures. Nothing here suggests that, say, “power to override the tenancy contracts of all U.S. inhabitants” is implied.
Again, a federal agency looking to do something will find a way to do it. Here, the chosen way is one that is both breathtaking in its scope, and dangerous in its intention. The CDC’s order takes the already tattered notion of enumerated powers and tosses them into the bin.
wpDiscuz
The facts are this: COVID-19 is a real disease that sickens some, proves fatal to others (with underlying conditions), mostly the elderly — and does nothing to the vast majority.
Excellent comment! The authorities obviously know the science, so the greater question involves The Constitution and Americans freedoms. Thank you for your effort in the Navy, my favorite service!
If I was a landlord and had tenants who were withholding payment due and the CDC ordered that I could not evict them the response would be VERY simple. The government would by definition have seized my property for federal use and therefore is RESPONSIBLE for payment to me under imminent domaine laws. Remember that the Federal Courts do not enforce evictions in States. Instead the State Courts do. Failure to follow state law by the state court (due to an order by the federal government) means that the State is violating imminent domaine laws as well.
Therefore OUR (groups of 5 or more landlords) suit would be against BOTH the federal and state government for recompense for seizure of property and property rights. That simple. Right now there should be thousands of suits like this all over the USA. One of the major arguments in such a suit would be the State and Federal Funding of indigents into $500 a night hotels. If they can pay for that then they can pay for the tenants who are not paying legal rents and not being evicted.
CDC an agency does not have the power to order this alone. This must come through congress or a presidential edict. I think it is time these agencies of bureaucrats be reigned in. Their power is limited and to mostly suggestion for those who are really in power and elected.
And there are considerations to no evictions. Landlords should be allowed to negotiate some rent if the ones impacted are getting state assistance at 4-600 a week. The landlords have to pay payments on their properties as well.
And look at old Queenie Nanc and Schmucky along with their lemming politicians in the house and senate who follow them over the cliff. No aid to the country and schools in dim wit enclaves will only open maybe after the election.
And that might be a moving date too as the dim wits want time to see how many fake votes they need to beat republicans. I have a feeling it will be a long time as the landslide of votes will be for republicans in this country.
Sick of riots and liars and their lemmings.