COVID-19 & The Constitution

The coronavirus pandemic has raised a host of constitutional questions—including the interplay between state and federal governments in responding to crisis and what powers the executive branches of government have to impose mandates and restrictions on citizens in the name of public health. We have included a link to view the U.S. Constitution as well as relevant Amendments.  

THE UNITED STATES CONSTITUTION

And Relevant Constitutional Amendments

HoganWillig has assembled a constitutional law team from key practice areas across our firm to monitor and provide guidance on mandates and restrictions affecting NY residents and business owners as we continue to navigate the COVID-19 pandemic. Our team has been closely monitoring executive orders and health department regulations delivered by the governor and state or local health officials. 

The First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Fourteenth Amendment

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3

No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

NEW YORK STATE JUDICIAL DISTRICTS

Judicial Departments & Districts

The below map has been prepared as a resource to assist clients in understanding the breakdown of judicial departments and districts across New York State.  

Districts and Counties in the Fourth Department

Fifth Judicial District

Herkimer
Jefferson
Lewis
Oneida
Onondaga
Oswego

Seventh Judicial District

Cayuga
Livingston
Monroe
Ontario
Seneca
Steuben
Wayne
Yates

Eighth Judicial District

Allegany
Cattaraugus
Chautauqua
Erie
Genesee
Niagara
Orleans
Wyoming

Counties by Appellate Division Department

First

Bronx
NY County

Second

Dutchess
Kings
Nassau
Orange
Putnam
Queens
Richmond
Rockland
Suffolk
Westchester

Third

Albany
Broome
Chemung
Chenango
Clinton
Columbia
Cortland
Delaware
Essex
Franklin
Fulton
Greene
Hamilton
Madison
Montgomery
Otsego
Rensselaer
St. Lawrence
Saratoga
Schenectady
Schoharie
Schuyler
Sullivan
Tioga
Tompkins
Ulster
Warren
Washington

Fourth

Allegany
Cattaraugus
Cayuga
Chautauqua
Erie
Genesee
Herkimer
Jefferson
Lewis
Livingston
Monroe
Niagara
Oneida
Onondaga
Ontario
Orleans
Oswego
Seneca
Steuben
Wayne
Wyoming
Yates

GEOGRAPHIC BOUNDARIES

United States Courts of Appeals and United States District Courts or “Circuit Courts”

The below map has been prepared as a resource to assist clients in understanding the breakdown of the geographic boundaries of the United States Courts of Appeals.