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Florida Judge Throws Out Gov. Ron DeSantis' Order Prohibiting Masks In Schools

Shaul

Well-Known Member
Premium Member
Whatever legal authority allows regulating vaccination status,
dress codes, & speech would easily extend to masks (IMO).
Any such legal authority is a state prerogative. School district authority flows from the state, of which they are creatures. In other words, any authority a public school has derives from the state which can take such authority back at its pleasure.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Any such legal authority is a state prerogative. School district authority flows from the state, of which they are creatures. In other words, any authority a public school has derives from the state which can take such authority back at its pleasure.
What states lack this authority?
 

Revoltingest

Pragmatic Libertarian
Premium Member
Not anything specifically, but it's there at the beginning.
A problem I see is that the Prez, Congress, & the USSC
are willing to set the Constitution aside for anything they
find compelling, eg, seizing property without due process,
waiving jury trials, prison camps for citizens of the wrong
nationality, giving cops immunity for crimes.
 

Shaul

Well-Known Member
Premium Member
The schools get federal funding.
Any Federal funding of a state’s public schools flows through the state’s authority. A public school district can not even accept the Federal funds unless the state authorized it todo so. Federal funding doesn’t usurp a state’s sovereignty and control over its schools.
 

Shadow Wolf

Certified People sTabber
Any Federal funding of a state’s public schools flows through the state’s authority. A public school district can not even accept the Federal funds unless the state authorized it todo so. Federal funding doesn’t usurp a state’s sovereignty and control over its schools.
States do not have total authority to run schools as they see fit. They are still bound to federal law.
 
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Shaul

Well-Known Member
Premium Member
So if all states have the legal authority to do the various
things I cited, then mask wearing would fit right it.
Or disallowing mask mandates.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“- tenth Amendment of the Constitution.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Or disallowing mask mandates.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“- tenth Amendment of the Constitution.
I'm familiar with that amendment.
And yes, the states can even make mask mandates illegal.
Although using legal power to reduce safety is a bad idea.
 

metis

aged ecumenical anthropologist
By what legal authority can a Florida school require students wear a mask?
School districts establish their policies, and then the state board of education can possibly override them. However, in Florida's case, it was the governor who did this and bypassing the board from what I understand. The federal court, realizing this, went against the governor.

So, when it comes to this, are you pro-life or pro-death? Let's not kid ourselves as this very much is a life & death issue, and DeSantis sided with the latter.

Also, are you a conservative who actually believes in the lessening of top-down authority or a pseudo-conservative who wants more authority with the higher-ups?
 
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