To mask or not to mask....That is the question. Part II

[xwing]

I had to make a run to Bloomington yesterday and am always amazed at how many more people up there are still masked up than down south.

Yes. Lots of idiots in Bloomington... But it depends drastically based on where you are in Bloomington. I usually shop at the Kroger on Liberty, or Walmart on 45; and it's not as common there. But yesterday I had to go to the big Kroger on College Mall, and lots of fools with masks on. It was all I could do not to laugh out loud.

 

[Rookie]

Did I hurt your feelings? You'll get over it. At no point did I infer that I have any authority over them. I did, however, express my opinion which I have every right to do. Ain't America grand?

I'll dumb it down for you (gets out the big crayons). If the die hard individuals (happy now?) continue to wear masks on the hottest days of the year, I'll be impressed with their dedication. I'll still think they're stupid (which I'm allowed to do, regardless of what you think), but I'll still be impressed.

 

[wtburnette]

Did I hurt your feelings? You'll get over it. At no point did I infer that I have any authority over them. I did, however, express my opinion which I have every right to do. Ain't America grand?

I'll dumb it down for you (gets out the big crayons). If the die hard individuals (happy now?) continue to wear masks on the hottest days of the year, I'll be impressed with their dedication. I'll still think they're stupid (which I'm allowed to do, regardless of what you think), but I'll still be impressed.

Yep, they have every right to wear masks and rational people have every right to point and call them idiots...

 

[Mr. Habib]

Yes. Lots of idiots in Bloomington... But it depends drastically based on where you are in Bloomington. I usually shop at the Kroger on Liberty, or Walmart on 45; and it's not as common there. But yesterday I had to go to the big Kroger on College Mall, and lots of fools with masks on. It was all I could do not to laugh out loud.

I was there yesterday also. Definitely more there than the west side. The ones that always baffle me are the ones wearing a mask with unmasked childern with them. If you believe the masks work, why not one on your kids?

 

[bobzilla]

When we did the blow in insulation on the house a few years ago I was wearing a paper N95 and goggles in the attic while the wife filled the hopper. It was so hot and I was sweating so bad the mask became water logged. IT's the closest I've ever felt to being water boarded and it sucked.

 

[Quiet Observer]

Did I hurt your feelings? You'll get over it. At no point did I infer that I have any authority over them. I did, however, express my opinion which I have every right to do. Ain't America grand?

I'll dumb it down for you (gets out the big crayons). If the die hard individuals (happy now?) continue to wear masks on the hottest days of the year, I'll be impressed with their dedication. I'll still think they're stupid (which I'm allowed to do, regardless of what you think), but I'll still be impressed.

Sorry, I did not realize that you were allowed to express your opinion and no one was allow to question it.

 

[dudley0]

My youngest wore masks before the Covid craze came along.

She did it just to keep people at bay. Now they just think she is a masker for covid.

One more thing that the GOV ruined.

 

[nonobaddog]

I have a wolf mask and a bear mask. Sometimes I wear one to scare Halloween kids or irritate dogs.

 

[BugI02]

If you have the power to schedule sessions you have the power to call sessions. A bunch of chamber-o-commerce knobbers agreed with the executive CoC knobber. I’m not shocked.

Not what I'm suggesting. As a simple fix on the governor exercising unrestrained authority and the legislature being unable to call itself into special session after recess, I am proposing they pass a bill to call a special session every 28 days during recess. If the governor doesn't need to be throttled at the time of any special session they simply adjourn until 4 weeks later at the next special session

Stop-gap measure, much simpler than changing your constitution

Treats the current problem with amending the state constitution to limit the governor's emergency powers being the necessary and permanent solution to be done during normal sessions

 

[Quiet Observer]

The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time by proclamation, call a special session. The length and frequency of the sessions of the General Assembly shall be fixed by law.

The way I read this, the legislature sets its own time for legislative sessions, however, the Governor has the authority to call a special session. It does not say exclusive authority. I think the wording is ambiguous, which leaves room to interpret it more strictly, if you’re a chamber-o-commerce ********er. It looks to me like the court is packed with CoC leaning justices. The decision, to me, reads like their minds were made up, and then they looked for ways to justify their opinion.

The word exclusive is not used to delineate the powers of any state official. Your interpretation would invite chaos. Anyone, even you or I, could call for a special session of the Indiana legislature.

Article 2, Section 2:
Section 2. (a) A citizen of the United States who is at least eighteen (18) years of age and who has been a resident of a precinct thirty(30) days immediately preceding an election may vote in that precinct at the election.

Since it does not say "only a citizen" your logic would allow anyone to vote in Indiana regardless of their citizenship. There are numerous other places where the words "only" or "exclusively" are not used, but the meaning is clear. Posting all of them would take up too much space here.

 

[nonobaddog]

 

[actaeon277]

The word exclusive is not used to delineate the powers of any state official. Your interpretation would invite chaos. Anyone, even you or I, could call for a special session of the Indiana legislature.

Article 2, Section 2:
Section 2. (a) A citizen of the United States who is at least eighteen (18) years of age and who has been a resident of a precinct thirty(30) days immediately preceding an election may vote in that precinct at the election.

Since it does not say "only a citizen" your logic would allow anyone to vote in Indiana regardless of their citizenship. There are numerous other places where the words "only" or "exclusively" are not used, but the meaning is clear. Posting all of them would take up too much space here.

What?
Being able to vote, is NOT the same as calling for a special session.
Where does it say that?

 

[Quiet Observer]

What?
Being able to vote, is NOT the same as calling for a special session.
Where does it say that?

I was replying to jamil who claimed that the authority to call a special session also belongs to the legislature since the Indiana constitution "does not say exclusive authority" when referring to the governor. If words like exclusive, just, only must be used when mentioning the power of a governor then, following his logic, it would have to be used in numerous clauses covering many topics.

The text of the Indiana is clear in both cases. Only the governor can call a special session. Only U.S. citizens meeting the residency requirements can vote in a precinct. Voting just happened to be the first section I found as I scrolled.

 

[jamil]

I was replying to jamil who claimed that the authority to call a special session also belongs to the legislature since the Indiana constitution "does not say exclusive authority" when referring to the governor. If words like exclusive, just, only must be used when mentioning the power of a governor then, following his logic, it would have to be used in numerous clauses covering many topics.

The text of the Indiana is clear in both cases. Only the governor can call a special session. Only U.S. citizens meeting the residency requirements can vote in a precinct. Voting just happened to be the first section I found as I scrolled.

Your example isn't at all helpful to your point.

The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time by proclamation, call a special session. The length and frequency of the sessions of the General Assembly shall be fixed by law.

The certain condition for the governor is when the governor believes the public welfare requires it. The certain condition for the legislature is ""unless a different day or place shall have been appointed by law". I think the vague implies the legislature has the power to pass a law that does what the law that was stricken down did. Given the vague language, I think that interpretation is well supported.

And it certainly does not imply the slippery slope you think it does. The above section does not use the word "exclusive", yet neither of us would disagree that there are exactly two entities granted the exclusive power to determine when the legislature is in session, the legislature and the governor. You're welcome to argue the points I've made, but please argue just those points and not points I haven't made.

 

[jamil]

Not what I'm suggesting. As a simple fix on the governor exercising unrestrained authority and the legislature being unable to call itself into special session after recess, I am proposing they pass a bill to call a special session every 28 days during recess. If the governor doesn't need to be throttled at the time of any special session they simply adjourn until 4 weeks later at the next special session

Stop-gap measure, much simpler than changing your constitution

Treats the current problem with amending the state constitution to limit the governor's emergency powers being the necessary and permanent solution to be done during normal sessions

I think that would work. I strongly suspect that some CoC judges in higher courts would still not like the idea of the governor not having absolute, unchecked authority to call indefinite emergencies. So they'd find a way to make that unconstitutional as well.

 

[oze]

Thank God that the United States has finally joined the rest of the world and eliminated testing and max mandates. Mrs. oze and I leave for a Danube cruise next week, and suddenly, the cruise line dropped all of it's silly requirements. None of the 5 countries that we are visiting have any, other than, unfortunately, proof of 2 vax shots in some of them. But in Hungary, for example, it's as if covid never happened.

 

[bobzilla]

Thank God that the United States has finally joined the rest of the world and eliminated testing and max mandates. Mrs. oze and I leave for a Danube cruise next week, and suddenly, the cruise line dropped all of it's silly requirements. None of the 5 countries that we are visiting have any, other than, unfortunately, proof of 2 vax shots in some of them. But in Hungary, for example, it's as if covid never happened.

Still showing requirements for double shots to get on a ship though and to be able to actually visit the islands the ship stops at. So looks like the wife and I's favorite method of travel is still locked out for us. I don't see any end to this in sight.

 

[BugI02]

I think that would work. I strongly suspect that some CoC judges in higher courts would still not like the idea of the governor not having absolute, unchecked authority to call indefinite emergencies. So they'd find a way to make that unconstitutional as well.

That is why the permanent fix is amend the constitution to require the Governor to submit any emergency decree before the legislature within 28 days of declaring it in order to retain that authority

The stop gap measure is to ameliorate the problem while forces are mobilized to implement the permanent fix

 

[GodFearinGunTotin]

 

[bobzilla]

View attachment 207114

It’s obvious that the problem is the surrounding counter it masking are making it worse. Duh.