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This being the case how can Chapala force people to turn around

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The national government has issued a statement that blocking people from coming into towns is a violation of basic rights under the Mexican Constitution.

https://mexiconewsdaily.com/news/coronavirus/municipalities-dont-have-authority-to-restrict-access-feds/

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Authorities and citizens who have restricted access to 340 municipalities in 15 states across the country are in violation of the constitutional right to free movement, according to the federal Interior Ministry (Segob).

The study released by the ministry’s human rights office reveals that the situation is most severe in Campeche, where all of the state’s 11 municipalities have either prohibited or restricted access.

As many as 80% of municipalities in Guerrero are controlling access, while that rate is 36% in Veracruz and 25% in Oaxaca. State and local authorities have restricted entry in Colima, México state, Baja California Sur, Chiapas and Chihuahua as well.

 

Segob also called out authorities who have initiated curfews in 31 municipalities in Guerrero, Michoacán, Quintana Roo, Yucatán, Jalisco, Baja California, Sonora, Chihuahua, Morelos, Coahuila and Nuevo León.

“The patrols, closures of state or municipal borders, are severe restrictions to free transit. The states and municipalities do not have the authority to order them, unless they have express authorization from the General Health Council to set up screening checkpoints,” said Segob human rights Deputy Minister Alejandro Encinas.

 

This being the case, how can Chapala continue to turn away the Tapatios?

 

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Legally they cant, but most people do not know the law and others feel its not worth the hassle, specially dealing with the corrupt authorities. Having said that these road blocks go up late in the morning so a lot of the Tapatios come out early in the Am or late at night when the road blocks are taken down.

In the case of Jalisco Governor Alfaro is money hungry so more temporary laws and road checks means more $$. Notice here locally the transito are at the checkpoints fining and confiscating as they please.

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Mexico has an identical political framework as the U.S.A. I am sure there is room for a temporary medical emergency if needed.

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4 minutes ago, CHILLIN said:

Mexico has an identical political framework as the U.S.A. I am sure there is room for a temporary medical emergency if needed.

Don't you think the Federal government would know this and make note of it in this announcement?  Seems there's a very clear statement here they do not have the right to do this.

Southern guy nailed it.  These check point jokers wander out there at 9 AM and close up at 5.  How long will it take the Tapatios to figure that out?

 

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I'm grateful that we live in a municipality where those in charge appear to have the residents best interests at heart.  Additionally we live in a state where the Governor has been pro-active, for which I am also grateful.

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They already have, yesterday my bell rang

I answered with my face mask on  there were six people from Gdl none of them wearing masks, so I wouldn’t let them in and shut the door, one of them has been in my gallery before, that is how I knew the were from Guadalajara 

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Why does not the Federal government step up to the plate and give the municipalities the authority for what they are doing.  I for one, support it, and I know many others do as well.

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Well it reads to me like the blockades are a violation of the Mexican Constitution.  That would require amending same.

 

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If you watch the US and Canadian news there have been news articles about the civil liberties people saying that social isolation and not letting you move about freely is against one’s civil rights in the US. And against  the charter of freedoms in Canada.

In the fracc that I live in every weekend we get owners from Guadalajara come here for the weekend. I have no doubt that the owners can prove they have an address here, but they bring friends, older children grandchildren with them, many time they get visitors come for the day, so people are getting through.

This weekend being a holiday I expect we will have a lot visitors here...

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Roosevelt sent Japanese/American citizens into confinement camps after war broke out. Clearly against the Constitution but he got away with it. Wilson and the Sedition Act severely restricted freedom of speech during WW1 and he got away with it. Lincoln suspended Habeas Corpus during the Civil War and got away with it. Emergencies seem to be the best times for government to forget about constitutions. 

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I was told the medical authorities are maintaining the check points. I talked to Juan Ramon about the after hours violations of the ban. I'll do so again. They said that they stepped up security at the bus station.

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I went out from West Ajijic yesterday and drove all of the way to Panchos Deli. It was around noon and there were very few people walking the streets and more had masks than not. But the traffic was terrible (or typical for a normal day before the Corona virus shut down) No big deal, it just surprised me. When I drove back it wasn't as bad

Again there were few people walking the streets

Before the shut down I would drive from home into the center of town about twice a day. Now I'm trying to keep it down to once a week but I always forget something and it is more like once every 5 days the Grocery stores

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2 hours ago, TelsZ4 said:

What check points.  ?  The carretera is almost back to normal bumper to bumper traffic 

The checkpoints Chapala was running were just inside the line from Jocotepec municipio and the other one on Chapala highway near the new hotel.

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7 hours ago, pappysmarket said:

Roosevelt sent Japanese/American citizens into confinement camps after war broke out. Clearly against the Constitution but he got away with it. Wilson and the Sedition Act severely restricted freedom of speech during WW1 and he got away with it. Lincoln suspended Habeas Corpus during the Civil War and got away with it. Emergencies seem to be the best times for government to forget about constitutions. 

Yes Executive Order 9066 Was unconstitutional, and just a few years ago, those who were relocated were given compensation.

Remember, there is a difference between having the legal right to do something, and having the power to do it. The states have the manpower to do it, but not the legal right.

Still, sometimes rights may have to be suspended for "the greater good." Being realistic has to sometimes come into play.

As one SCOTUS opinion said: Freedom of speech doesn't give a person the right to yell "Fire" in a crowded theater.

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I was in Acuna Coahuila today and it was mostly normal, bars/restaurants closed, but people out and around and no one asked me anything about why I was there or where I was going when I crossed.

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5 hours ago, Eric Blair said:

Remember, there is a difference between having the legal right to do something, and having the power to do it.

The symmetry between the content of the quoted passage and the author's name is just about perfect. Quite a salient point, too. Every constitution (written or not) which I've studied is like a set of handcuffs to which governments long ago palmed the key. We can agree, or not, on whether a given unconstitutional action is appropriate, but we must at least acknowledge the derivation. Or not. That's worked pretty well...

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8 hours ago, TelsZ4 said:

What check points.  ?  The carretera is almost back to normal bumper to bumper traffic 

The checkpoint near lakeside restaurant row was active all day.

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They can always declare martial law and that will take care of the constitution question.  I would rather it be voluntary or ignorance of the law.

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26 minutes ago, Floradude said:

Are there any checkpoints driving into Guadalajara, and if so are they turning people around?

When I went TO Guad on Monday 10:15 am , there was a checkpoint for those heading towards Chapala at Chapala Haciendas. LONG lineup of cars---- back over the top of the hill.    Yes, they had a state police truck parked at an angle so those being turned away could "retorno" right there and head back up the hill.

When I returned around 12:15 it was still there, but only one car wait. Where did I live? Where had I been? Why? Thankyou.... have a nice day.

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I know two Mexican families who now come and go to Guadalajara late at night to avoid the roadblocks.

It's hard to control people. They always find a way around restrictions of any kind.

 

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10 hours ago, Sorn said:

The symmetry between the content of the quoted passage and the author's name is just about perfect. Quite a salient point, too. Every constitution (written or not) which I've studied is like a set of handcuffs to which governments long ago palmed the key. We can agree, or not, on whether a given unconstitutional action is appropriate, but we must at least acknowledge the derivation. Or not. That's worked pretty well...

Sorn, glad to have you aboard - Welcome! I suggest you take a second look at the Mexican Constitution. It is a different "spirit" than the one of the U.S.A.. The U.S. one is more of a glue, sticking together the Federalist state, laying out what is right or wrong. The Mexican one is a set of dreams and aspirations, many of which are unlikely ever to be achieved ( unfortunately). An example. The Supreme Court of Mexico ruled that cannabis should be legal because the Mexican Constition ensured Citizens right to pursue pleasure, as long as others were not put at risk. The U.S. government has not used Constitution powers on this issue, they rely on the argument that Federal government must protect it's citizens from self harm. Since cannabis leads to heroin addiction, it must be banned, and this still stands today at the Federal level.

 

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