Judge Napolitano: Governments ‘Do Not Have The Authority’ To Mandate Mask-Wearing

Daily Caller – by Scott Morefield

Judge Andrew Napolitano said Monday that federal and state governments “do not have the authority” to mandate the wearing of face masks.

Prominent Democrats, including House Speaker Nancy Pelosi and presumptive Democratic presidential nominee Joe Biden, have in some form supported a federal mask-wearing mandate as a measure to fight the spread of coronavirus

The Fox News judicial analyst discussed the issue during the network’s “America’s Newsroom” program. He said that the 10th Amendment to the Constitution reserves matters of public health and safety to the states, but even they lack the authority to mandate masks anywhere but state property.

“The federal government certainly can’t do it because the federal government is not charged with public health or public safety,” Napolitano told Fox News’ Melissa Francis. “That is an area that is reserved by the Tenth Amendment to the Constitution for the states.”

While the “power of the purse” could convince states to agree to a federal government wish, Napolitano said that the states themselves would have limited power in that area.

“And that brings us to whether the states have the authority to do that, and the answer again is no,” said the judge. “If a person is known to be contagious, the state could require that person to be quarantined or wear a mask, but anything short of that, the state cannot interfere with that person’s freedom of movement or freedom to wear or not to wear a mask, so the government’s authority is really rather limited here no matter how aggressive the pandemic may become.”

When Francis asked about comparing mask requirements to seat belt requirements, Napolitano said that seat belt requirements are mandated “on government property” and for use of “a deadly weapon.”

“So let me modify slightly what I just said,” he said. “The federal government could compel wearing masks on federal property. A military facility, the post office, government buildings, and the state government could compel wearing masks on state property. The DMV, state colleges, things like that. But on property that the government doesn’t own, the feds have no authority to compel wearing a mask, and the states can only compel it when people are sick.”

Napolitano said that “force of public opinion” could do “what the law cannot do” if the vast majority of people in an area shame those not wearing masks.

“But in terms of police stopping you on the street or giving you a summons or a court imposing a fine, absolutely not,” he concluded. “First of all, these mayors and gubernatorial edicts are just suggestions. They are not the law.”

See video here: Daily Caller

8 thoughts on “Judge Napolitano: Governments ‘Do Not Have The Authority’ To Mandate Mask-Wearing

  1. A law that makes pelosi wear a mask would be nice. Even an ape mask would be an improvement.
    As for the rest of us, stop treating us like cattle. The decision to wear a mask or not is ours not yours. And if its your choice to wear a mask whats the problem with people that don’t. You’re safe rite? Just forget about the warning on the side of the box they come in and go back to sleep.

  2. Our filthy disgusting contagious selves are the “deadly weapon”, if you let them convince you of that.
    If we are all so infected, how come there are no symptoms, anywhere?
    My wife told me to stop overthinking things after I asked one question.
    If “authorities” are so concerned for our well being and safety, wash those hands and so forth, why is it not law to wash those hands before you wipe them off on your clothing, after using the toilet? If they had a sink with the toilet, now we’re talking hygiene. Just spit-ballin’ here, but the clothing of the restaurant worker is all smeared up with toilet-hands, so leaning against countertops and wiping their hands on their clothing/apron after having been in the bathroom is cross-contaminating so very many surfaces, unless…
    On his deathbed Louis Pasteur said “Bernard was correct. I was wrong. The microbe (germ) is nothing. The terrain (milieu) is everything.”

    1. I’m just now hearing about the apparently bogus “germ theory.” Whoa! If this has actually been a LIE, this is revolutionary & these criminals should be shot immediately.

      1. Here is a sampling from duckduckgo.
        It truly is much easier to have a lie believed, than to convince anybody that they’ve been lied to. Nobody really wants to be deceived, tricked or conned, no matter how fascinated I am with “sleight-of-hand” magicians.
        The crowd mentality is overwhelming, and can be incredibly wrong at times.

        Bacteria and parasites are provable and can be identified, viewed and washed away. Germs and viruses are theoretical, as they have yet to be proven to be alive.
        Imagine a perfect creator, that makes a creation in it’s own image, that of a rotting, infectious, self loathing miscreant sinner, where there are vast buildings, religions and industries to correct that which was made from “perfection”.
        Whoa, indeed!

  3. Shall not be infringed.
    Make me!
    If your store refuses me. F U.
    I won’t be back.
    Any private person who gets in my face about it will get boog’d on spot.
    Lots of hills to die on. Is this your hill?
    Tomorrow I roll double carry.
    By Friday someone’s kids get ssi survivor benefits.

  4. My company works in confined spaces
    OSHA requires the atmosphere to be no less than 19.5 % oxygen

    When testing behind a simple mask , not even the most suppressive N95
    We got 17% oxygen
    That’s fckin dangerous , and as a confined space authorized individual
    I won’t wear one as I’m not going to voluntarily cause heath issues for me or my people

    As it is , OSHA needs to get with why they are even allowing this , oh yeah right silly me , another government entity shoving its feelings on us in the form of policy and rules

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