First, mandates need to be issued by a government agency or an elected official, like a governor. Secondly, they will often need a reason to introduce the mandate. I can use the recent mask mandate as an example.
In this case, the health officials issued an order saying that, because of the health emergency, people needed to wear masks in certain situations. This was given authority because of the state of emergency declarations. Once these declarations are removed, the mandate will be revoked.
Mandates are often used to deal with emergency situations. They are known for being very fast to implement. This makes them the perfect way to address rapidly changing situations.
While they might not be laws, a mandate is still legally enforceable. In fact, they will often have the same effect as bills that have passed into lawOpens in a new tab.. Additionally, mandates can be as widespread. Returning to the example, the mask mandate puts restrictions on individuals. Some rules will affect business owners.
The laws can be enforced by the police force. Often, this will be done through a fine. However, it can also involve prison time. How the mandate will be enforced will depend on the circumstances and the amount of power that has been granted to the government agency.
Limits of Mandates
There are a few downsides that come with using mandates. Namely, they don’t carry the same power as a law. There are a few conditions in which a mandate can be deemed invalid. These will be when:
-They fall outside the government’s agency under the legislation. The law will state clearly what things the agencies can and can’t make laws about. For example, the health department can make decisions about a pandemic. But a terrorist attack will be outside of their purview.
-The mandate can’t overrule any existing state or federal laws. These laws can also be changed by a legislature.
-The mandate can’t override the Constitution. All laws and mandates will need to follow the rules established in the Constitution.
There are a few ways that a mandate can be overturned. First, it can go to the Supreme Court. This will often mean arguing that the mandate was invalid. Alternatively, a law can be passed to limit the power of the government agency. Once a mandate has been overturned, it can’t be enforced.
Soooo will the Plandemic emergency go on forever? States are already lining up against the Mandates…
What A scum bag…..Let’s Go Brandon….
h/t Snoop Hogg