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Message: <blockquote data-quote="Tax Counsel" data-source="post: 307634" data-attributes="member: 123067">I don't like government overreach either, though I suspect you and I would disagree somewhat on what constitutes overreach.But we have to draw a distinction between what the Constitution forbids states to do and what states are permitted to do but that the public agrees it should not do. Both are forms of overreach.The former the state may not do as the Constitution forbids it. A court may thus restrain the state from those actions.However, the latter is a political issue. The state legislators may enact laws that the public thinks are overreach at the risk of wrath of the voters at the next election. Most things a state does falls into that political category: the state has the power to do it, the issue then is (1) whether it is wise to do it and (2) whether the public will support it. A requirement to wear masks to protect public health does not violate the Constitution. It thus is in that latter political category. While it may be overreach (at least to you) for the state to do it, the legislature may do it and the legislators then have to face the voters at the next election and if the voters are sufficiently outraged over it they'll get booted out of office.It's like dealing with employees at work. As an HR person you have surely dealt with employees outraged over what a manager has done, and dead sure that because the employee thinks its wrong it must be illegal. You have then had to explain that while it might have been mean or stupid for the manager to do it, it was not illegal, however outraged the employee may feel about it. An employer might overreach and do things it should not do, but that does not necessarily mean that the employer has done anything illegal. A state might overreach and do things it should not do, but that does not necessarily mean the state has has done anything illegal. </blockquote>

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