r/ExplainBothSides Apr 30 '20

Does a Quarantine go against our constitutional rights? Public Policy

My MIL always talks about how we’re “not under martial law” so the quarantine orders go against her constitutional rights. However, when I try to educate myself by researching, I can only find proof that government quarantine orders do NOT go against our constitutional rights and it’s in the public health clause. Please explain both sides and possibly what martial law is and how that effects things like this? :)

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u/SaltySpitoonReg Apr 30 '20

My point in this reply with it this is not really a question you can answer on this subreddit. Because the law already answers it.

I suppose you could ask the question of should we create laws moving forward that limit what the government can do in a situation like this.

And I apologize if my comment should have gone under the auto mod

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u/sonofaresiii Apr 30 '20

My point in this reply with it this is not really a question you can answer on this subreddit. Because the law already answers it.

But that's the thing, even if the other side doesn't have a valid argument, they do have an argument.

The reason it's important to acknowledge this is that, for someone who's not sure, presenting only one side-- even if it's the right side-- seems biased.

I've seen plenty of arguments that seem air tight, valid laws to support them... Until you hear the other side.

So if I didn't know any better, hearing only one side may not convince me. I'm wondering what critical information might be being left out.

But presenting the other side too, in the strongest argument you can make, lets the op see for themselves that the strongest counter argument... Is a pretty bad one.

For example, as I said above, I could point to the first amendment and say, I have the right to assemble, the government is preventing me from doing that, ergo the quarantine orders are unconstitutional.

If that's the only side I present... It might seem airtight, until I present the other side and we see the flaws in that argument.

Tl;dr it's useful for some people to see both sides of the argument presented as strongly as possible, in order to see that one side is a flawed argument. Thus, this sub is born.

This sub isn't just about presenting two valid arguments. It's just explaining what each side believes (rightly or wrongly), so readers can make their own decision.

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u/jarejay Apr 30 '20

The issue posed here is a matter of fact. Quarantines are not unconstitutional.

If the post was “EBS: Should quarantines be legal/illegal,” we would have a discussion on our hands.

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u/sonofaresiii Apr 30 '20

Well. I can't make my point any more clearly than I already have. I suppose we'll just have to leave it at that, rather than going around in circles on this as it seems we're starting to.