Now I know some of you are going to say that the 10th amendment gives the states the authority. But I'm not taking about the U.S. Constitution. I'm talking about state constitutions.
I don't know every state's constitution, so I'm going to focus on where I live in Indiana. The governor has passed a mask mandate on all individuals that they must wear a mask in public place or they can get charged with a crime. Here is the problem. The governor can't sign an Executive Order that makes new law. A law is something that when you break becomes a crime. The Indiana constitution doesn't allow him this power. He should called a special session of the General Assembly and Senate to debate this and take public comment. Then they can pass a law for the governor to sign.
The governor can require businesses to require people to wear masks. And if they don't he could pull their business license or close them through the health department. But he can't place that same burden in individuals. If the governor had done this, then businesses would only need to put up a sign and they could either refuse service to customers without a mask or just ignore it. But without a new law he can't pass a new law.
I support wearing masks, but I also support our state constitutions. Our constitution is our protection against government overreach.
