![\"\"](\"http:\/\/stateofthenation.co\/wp-content\/uploads\/2020\/07\/Judge-Napolitano-Governments-do-not-have-the-authority-to-mandate-masks-Fox-News-screengrab-e1593449829823.jpg\")
<\/p>\n<\/p>\n
<\/p>\n
Scott Morefield
\nDaily Caller<\/p>\n
Judge Andrew Napolitano said Monday that federal and state governments \u201cdo not have the authority\u201d to mandate the wearing of face masks.<\/p>\n
Prominent Democrats, including House Speaker Nancy Pelosi<\/a> and presumptive Democratic presidential nominee Joe Biden<\/a>, have in some form supported a federal mask-wearing mandate as a measure to fight the spread of coronavirus<\/a>.<\/p>\n The Fox News judicial analyst discussed the issue during the network\u2019s \u201cAmerica\u2019s Newsroom\u201d program. He said that the 10th Amendment to the Constitution reserves matters of public health and safety to the states, but even they lack the authority to mandate masks anywhere but state property.<\/p>\n \u201cThe federal government certainly can\u2019t do it because the federal government is not charged with public health or public safety,\u201d Napolitano told Fox News\u2019 Melissa Francis. \u201cThat is an area that is reserved by the Tenth Amendment to the Constitution for the states.\u201d<\/p>\n While the \u201cpower of the purse\u201d could convince states to agree to a federal government wish, Napolitano said that the states themselves would have limited power in that area.<\/p>\n \u201cAnd that brings us to whether the states have the authority to do that, and the answer again is no,\u201d said the judge. \u201cIf a person is known to be contagious, the state could require that person to be quarantined or wear a mask, but anything short of that, the state cannot interfere with that person\u2019s freedom of movement or freedom to wear or not to wear a mask, so the government\u2019s authority is really rather limited here no matter how aggressive the pandemic may become.\u201d<\/p>\n When Francis asked about comparing mask requirements to seat belt requirements, Napolitano said that seat belt requirements are mandated \u201con government property\u201d and for use of \u201ca deadly weapon.\u201d<\/p>\n \u201cSo let me modify slightly what I just said,\u201d he said. \u201cThe federal government could compel wearing masks on federal property. A military facility, the post office, government buildings, and the state government could compel wearing masks on state property. The DMV, state colleges, things like that. But on property that the government doesn\u2019t own, the feds have no authority to compel wearing a mask, and the states can only compel it when people are sick.\u201d<\/p>\n Napolitano said that \u201cforce of public opinion\u201d could do \u201cwhat the law cannot do\u201d if the vast majority of people in an area shame those not wearing masks. (RELATED: \u2018Sloppy Thinking\u2019: Stanford\u2019s Scott Atlas Rips Lockdown And Mask-Wearing Proponents For Denying Science And Ignoring Data)<\/a><\/strong><\/p>\n \u201cBut in terms of police stopping you on the street or giving you a summons or a court imposing a fine, absolutely not,\u201d he concluded. \u201cFirst of all, these mayors and gubernatorial edicts are just suggestions. They are not the law.\u201d<\/p>\n