NJ Gov. Orders State Police To Commandeer Needed Medical Supplies

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  • Bohemian

    Member
    Nov 7, 2009
    60
    While I understand the need for the equipment in the hospitals, where does their right to take your personal property stop? Are they going to look at purchase history and approach private residences? If he can enact this executive order giving police the authority to “commandeer” PPE they could authorize anything (ammo, property, food, fuel?). Thought it might be a relevant topic for this forum and at a minimum may be a reminder about the traceability of your preps. Meanwhile 3M’s distributors have been selling n95 masks to foreign entities who are showing up to the distribution centers with cash, denying Americans the much needed PPE. On the same day that story broke a US Governor is legalizing theft of said PPE from US citizens.

    https://newyork.cbslocal.com/2020/0...police-to-commandeer-needed-medical-supplies/

    Sounds like it violates at least the 4th, 5th, 14th Amendments
     

    lemmdus

    Active Member
    Feb 24, 2015
    380
    There needs to be a TON of Federal Law suits after all this. Too much confiscation of property, denying of rights in the Constitution. Definitely violations of the 1st, 2nd, 3rd, 4th, 5th, all over the place. You know when the ALCU is on our side for once, its bad. These governors need to have their hands smacked....hard.
     

    lemmdus

    Active Member
    Feb 24, 2015
    380
    Well this is who New Jersey voted for so this is what they get. I wonder who is going to sue Governor "Bad Dentures" for violations of Federal rights. even if he goes after companies that are selling them to foreign countries, the government can stop the sale, BUT, if the government takes the equipment it MUST pay fair market value.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    Theft is theft, regardless of if it occurs at the hands of a pickpocket, a street thug, or an agent of the government acting under official color.

    Isn't theft. Government will eventually compensate you for it.

    Eminent domain has been tested in law since the country started. And emergency powers have long given state and local governments the ability to take and provide compensation later for anything that is reasonable for the emergency.

    That was partly what was stupid about Trump declaring the border situation an emergency to use money Congress hadn't given him for building walls, to build walls. It stretches what can really be considered an emergency. Is the wall an emergency? Or is 9k deaths a year from guns an emergency?

    PS I am NOT advocating seizure of guns. Just saying that government has the power to seize what it needs in the event of a real emergency so long as it compensates the owner of that property and its had this power literally since its founding and is in the constitution. Clause 5, "nor shall private property be taken for public use, without just compensation". It doesn't say the government isn't allowed to take private property if the owner doesn't want to sell it or provide it. if the government didn't provide just compensation in a reasonable time frame, or took property that has no bearing on its actual need (IE was seizing cars, because COVID) a court probably would smack down the governor. PPE, during a pandemic? I doubt any court is going to smack the governors wrist. And almost certainly isn't going to lose at a higher court.
     

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