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Posted: 5/1/2015 7:16:54 PM EDT
Are curfew's constitutional?
Link Posted: 5/1/2015 7:18:03 PM EDT
[#1]
Never really thought about it.

I'd imagine so.
Link Posted: 5/1/2015 7:18:12 PM EDT
[#2]
Fuck no.
Link Posted: 5/1/2015 7:18:23 PM EDT
[#3]
I'm sure the Supremes would rule that they are. But I think they go against the very soul of the Constitution.
Link Posted: 5/1/2015 7:19:06 PM EDT
[#4]
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Quoted:
I'm sure the Supremes would rule that they are. But I think they go against the very soul of the Constitution.
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That's what I meant to say, right there.
Link Posted: 5/1/2015 7:19:11 PM EDT
[#5]
It depends.
Link Posted: 5/1/2015 7:20:40 PM EDT
[#6]
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.
Link Posted: 5/1/2015 7:21:52 PM EDT
[#7]
No they most certainly are not.
Link Posted: 5/1/2015 7:22:07 PM EDT
[#8]
Yes, juvenile curfews are constitutional and so are adult curfews at certain times of emergency, but are held to higher scrutiny.
Link Posted: 5/1/2015 7:22:14 PM EDT
[#9]
On that note.

Is Martial Law constitutional?
Link Posted: 5/1/2015 7:22:34 PM EDT
[#10]
They are part of the police power authority of local and state government. Sort of like the authority to order rioters to disperse and get off the streets.

They are constitutional when imposed in response to civil unrest. The Constitution doesn't include a right to run riot through the night.
Link Posted: 5/1/2015 7:23:06 PM EDT
[#11]
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Quoted:
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.
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Seems like kind of a stretch.
Link Posted: 5/1/2015 7:23:17 PM EDT
[#12]
It's in the preamble.  "Insure domestic tranquility"
Link Posted: 5/1/2015 7:23:19 PM EDT
[#13]
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT
Link Posted: 5/1/2015 7:23:38 PM EDT
[#14]
LOL curfews.

As a freeman, I'll go where I want, when I want, how the fuck I want.

Link Posted: 5/1/2015 7:23:50 PM EDT
[#15]
No.
Link Posted: 5/1/2015 7:24:04 PM EDT
[#16]
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Quoted:
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT
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He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional.
Link Posted: 5/1/2015 7:24:40 PM EDT
[#17]
The Supreme Court has held curfews as constitutional at least once, albeit under very specific circumstances.

KIYOSHI HIRABAYASHI v. UNITED STATES, 320 U.S. 81
"For reasons presently to be stated, we conclude that it was within the constitutional power of Congress and the executive arm of the Government to prescribe this curfew order for the period under consideration"

Edited for grammar.
Link Posted: 5/1/2015 7:28:05 PM EDT
[#18]
Could the government establish a curfew from 8 am to 6 pm? I think they are unconstitutional.
Link Posted: 5/1/2015 7:33:58 PM EDT
[#19]
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Quoted:
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT
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Oh really?  The Founders supported all kinds of laws you would find to be draconian nowadays.
Link Posted: 5/1/2015 7:34:27 PM EDT
[#20]
They were lawful and were imposed under British rule AND while the Framers were still in power. They have been part of the standard response - reactive and prophylactic - to civil disorder for centuries.

Now, can you impose a curfew on people who are standing around harming nothing and plotting nothing? That's a different issue.
Link Posted: 5/1/2015 7:36:13 PM EDT
[#21]
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Quoted:
Could the government establish a curfew from 8 am to 6 pm? I think they are unconstitutional.
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They have to be reasonable even in the case of juveniles and with caveats.  For adults, only in certain times of emergency or war.
Link Posted: 5/1/2015 7:38:29 PM EDT
[#22]
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Quoted:

Seems like kind of a stretch.
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Quoted:
Quoted:
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.

Seems like kind of a stretch.


Depends on the nature of the curfew, I suppose, but I could see it holding up. Probably not in this court, though. ETA: It would have to be a pretty egregious curfew as opposed to 'for the next two nights, everyone needs to stay inside after 11 so people stop setting shit on fire'.
Link Posted: 5/1/2015 7:40:03 PM EDT
[#23]


No. How the hell can they legally tell grown people to be in their homes by a certain time? They aren't my fucking parents.









Link Posted: 5/1/2015 7:43:19 PM EDT
[#24]
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Quoted:
LOL curfews.

As a freeman, I'll go where I want, when I want, how the fuck I want.

View Quote


"Freeman"

Link Posted: 5/1/2015 7:48:53 PM EDT
[#25]
not for a second....... the framers would blow a gasket
Link Posted: 5/1/2015 7:49:25 PM EDT
[#26]
Within the laws of the city in which you live - yes.
Step outside the boundary of the city and you can stay up as late as you want.


You can consider city laws the consequences you sign up for when you move within city limits, think of it as the "city HOA"....


If you don't want to live with the city laws then don't live within the city limits.







 
Link Posted: 5/1/2015 7:49:51 PM EDT
[#27]
Missed a poll option.

"What difference does it make?"
Link Posted: 5/1/2015 7:50:30 PM EDT
[#28]
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Quoted:
No. How the hell can they legally tell grown people to be in their homes by a certain time? They aren't my fucking parents.
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Have you seen the pictures coming from Fergadishu MO or Baltimore MD?

Most of the "Adults" are over 21 years old.  While there are plenty of underaged punks, the overwhelming percentage are old enough to vote.
Link Posted: 5/1/2015 7:51:32 PM EDT
[#29]
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Quoted:
not for a second....... the framers would blow a gasket
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No they wouldn't.
Link Posted: 5/1/2015 7:51:32 PM EDT
[#30]
even if they aren't the govt has sovereign immunity.  Bitch about curfews all you want and nothing can be done about it
Link Posted: 5/1/2015 7:52:27 PM EDT
[#31]
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Quoted:

Seems like kind of a stretch.
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Quoted:
Quoted:
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.

Seems like kind of a stretch.


Congress shall make no LAW...but a temporary curfew is not a law (and a Mayor is not Congress). If curfews were being used frivolously then I'd have a problem with that, but when they are only used to protect the people from a clear and present danger, then it is obviously a helpful measure.
Link Posted: 5/1/2015 7:55:07 PM EDT
[#32]
curfew's what?  I didn't think a curfew could possess anything??? </MisterLanguagePerson>
Link Posted: 5/1/2015 7:57:01 PM EDT
[#33]
A curfew's light exercise?

DId you mean a curlew? Perhaps you meant to say, "our curlew's constitutional?"

Link Posted: 5/1/2015 7:57:03 PM EDT
[#34]
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Quoted:


They shall make no LAW...but a temporary curfew is not a law. If curfews were being used frivolously then I'd have a problem with that, but when they are only used to protect the people from a clear and present danger, then it is obviously a helpful measure.
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Quoted:
Quoted:
Quoted:
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.

Seems like kind of a stretch.


They shall make no LAW...but a temporary curfew is not a law. If curfews were being used frivolously then I'd have a problem with that, but when they are only used to protect the people from a clear and present danger, then it is obviously a helpful measure.

That's where I'm at with it. So far.

FLA1LA explained it pretty well.
Link Posted: 5/1/2015 7:57:51 PM EDT
[#35]
To restrict a constitutionally protected right you must pass the strict scrutiny test.  First, you must have a compelling government interest (not just a good idea).  Second, the restriction must be as narrowly tailored as possible to achieve that goal.  Finally, the restriction must be as minimally intrusive as possible.  



So, if you can articulate a compelling government interest, you can impose a curfew.  But it must be as narrow as possible lest area, last time, least amount of people affected as possible, and must be as minimally intrusive a possible, so the terms of the curfew sold be as light as possible.  
Link Posted: 5/1/2015 8:00:50 PM EDT
[#36]
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Quoted:
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.
View Quote



Exactly. And burning cars/ buildings or otherwise destroying property or people..... well, it isn't exactly....peaceable. Ya know?
Link Posted: 5/1/2015 8:00:59 PM EDT
[#37]
You also look at time, place, and manner.  Constitutionally protected rights may be limited in certain times, places, and manners, but not at all times, in all places, out in all manners.  
Link Posted: 5/1/2015 8:02:08 PM EDT
[#38]
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Quoted:
LOL curfews.

As a freeman, I'll go where I want, when I want, how the fuck I want.

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And that speshul snowflake attitude can be rightously adjusted.
Link Posted: 5/1/2015 8:03:45 PM EDT
[#39]
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Quoted:


No they wouldn't.
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Quoted:
not for a second....... the framers would blow a gasket


No they wouldn't.


Nope. They'd order fixed bayonets.
Link Posted: 5/1/2015 8:05:59 PM EDT
[#40]

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Quoted:





Have you seen the pictures coming from Fergadishu MO or Baltimore MD?



Most of the "Adults" are over 21 years old.  While there are plenty of underaged punks, the overwhelming percentage are old enough to vote.
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Quoted:



Quoted:

No. How the hell can they legally tell grown people to be in their homes by a certain time? They aren't my fucking parents.



Have you seen the pictures coming from Fergadishu MO or Baltimore MD?



Most of the "Adults" are over 21 years old.  While there are plenty of underaged punks, the overwhelming percentage are old enough to vote.




 
I've seen the pictures...and??  That's a different situation, one they aren't handling. If they would turn the police loose, the riots would be over pronto.




I'm saying how can someone legally place an entire area under house arrest? They tried that in my area after Katrina and a cop saw me out in the street around midnight, told me to go in and I said no, I'm watching this area while my neighbors rest. He just said make sure you have plenty of ammo, wished me a good night and left. The officer paid lip service to the curfew because he knew like I did there were reasons to be out in the streets.




Curfews are something for adults to place on their children, not for any government to put on grown citizens.






Link Posted: 5/1/2015 8:10:03 PM EDT
[#41]
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Quoted:
To restrict a constitutionally protected right you must pass the strict scrutiny test.  First, you must have a compelling government interest (not just a good idea).  Second, the restriction must be as narrowly tailored as possible to achieve that goal.  Finally, the restriction must be as minimally intrusive as possible.  

So, if you can articulate a compelling government interest, you can impose a curfew.  But it must be as narrow as possible lest area, last time, least amount of people affected as possible, and must be as minimally intrusive a possible, so the terms of the curfew sold be as light as possible.  
View Quote


Bear in mind though that the right is one of peaceable assembly.
Link Posted: 5/1/2015 8:16:28 PM EDT
[#42]
Is the federal government issuing the curfew order? No? Then the Constitution has nothing to say about it.  

Link Posted: 5/1/2015 8:17:28 PM EDT
[#43]
Declared state of emergency, yes.  Generally this means martial law.    I hope we never come to that but I suspect it's right around the corner.
Link Posted: 5/1/2015 8:19:48 PM EDT
[#44]
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Quoted:

He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional.
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Quoted:
Quoted:
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT

He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional.



Since we seem to be talking about the Federal constitution, that is the question.

How are they constitutional? In other words, which part authorizes them?

No such part?  Then they are unconstitutional by default.
Link Posted: 5/1/2015 8:21:04 PM EDT
[#45]
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Quoted:
Declared state of emergency, yes.  Generally this means martial law.    I hope we never come to that but I suspect it's right around the corner.
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The government can give itself powers not explicitly enumerated in the constitution?
Link Posted: 5/1/2015 8:22:29 PM EDT
[#46]
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Quoted:



Since we seem to be talking about the Federal constitution, that is the question.

How are they constitutional? In other words, which part authorizes them?

No such part?  Then they are unconstitutional by default.
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Quoted:
Quoted:
Quoted:
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT

He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional.



Since we seem to be talking about the Federal constitution, that is the question.

How are they constitutional? In other words, which part authorizes them?

No such part?  Then they are unconstitutional by default.


STATE powers.
See #9 and #10.
Link Posted: 5/1/2015 8:24:56 PM EDT
[#47]
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Quoted:


STATE powers.
See #9 and #10.
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Quoted:
Quoted:
Quoted:
Quoted:
Yup, I'm sure the founding fathers were all for curfews on citizens...

NOT

He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional.



Since we seem to be talking about the Federal constitution, that is the question.

How are they constitutional? In other words, which part authorizes them?

No such part?  Then they are unconstitutional by default.


STATE powers.
See #9 and #10.



The 9th and 10th amendments don't grant the States any powers.   They reserve the States whatever powers the people of those particular States have granted them.   Through their respective constitutions.
Link Posted: 5/1/2015 8:46:02 PM EDT
[#48]
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Quoted:


"Freeman"

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Quoted:
Quoted:
LOL curfews.

As a freeman, I'll go where I want, when I want, how the fuck I want.



"Freeman"



I imagine the sound of a taser as I read this lol.
Link Posted: 5/1/2015 9:07:30 PM EDT
[#49]

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Quoted:


LOL curfews.



As a freeman, I'll go where I want, when I want, how the fuck I want.



View Quote
(Chuckle).  Sovereign tag!  You're it!

 
Link Posted: 5/1/2015 9:14:25 PM EDT
[#50]
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Never really thought about it.

I'd imagine so.
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You'd be wrong.
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