In practicality, if the Dachshund I’ve Got Friends In Low Places Shirt federal govt tried to do this it would be years before it made it to the Supreme Court. Because the laws mentioned there were signed into law, not ruled constitutional. I’ve posted many times about how I think our laws are 200 years too old in some cases. This is one of them. States have jurisdiction over everything that isn’t a federal power and doesn’t infringe a federal civil right. So states can require masks through state laws. Federal jurisdiction is limited to powers enumerated in the Constitution. But one of those powers is regulating interstate commerce.
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Which is broadly interpreted and Dachshund I’ve Got Friends In Low Places Shirt could be used to force businesses to require masks. It’s not unimaginable that with the obvious effect the pandemic has on the economy. Commerce power could be used to justify a mask mandate on individuals as a matter of national economic interest. The feds can also pressure states into passing fairly uniform state laws to create a de facto national law. By tying federal funding to a requirement to pass such state law. But the de facto law is illegal. The Feds can nudge with money and rules, they cannot push hard enough. That it becomes more than that. Supreme Court has made that clear.
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