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What Good Are Constitutional Rights if They Are Violated When Americans Get Sick?
The Washington Times ^ | March 25, 2020 | Andrew Napolitano

Posted on 03/30/2020 10:20:46 PM PDT by Persevero

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

— Benjamin Franklin (1706-1790)

One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing the Constitution of the United States. Except in this version, George Washington — who presided at the Constitutional Convention — looks at James Madison — who was the scrivener at the Convention — and says, “None of this counts if people get sick, right?”

In these days of state governors issuing daily decrees purporting to criminalize the exercise of our personal freedoms, the words put into Washington’s mouth are only mildly amusing. Had Washington actually asked such a question, Madison, of all people, would likely have responded: “No. This document protects our natural rights at all times and under all circumstances.”

It is easy, 233 years later, to offer that hypothetical response, particularly since the Supreme Court has done so already when, as readers of this column will recall, Abraham Lincoln suspended the constitutionally guaranteed writ of habeas corpus — the right to be brought before a judge upon arrest — only to be rebuked by the Supreme Court.

(Excerpt) Read more at m.washingtontimes.com ...


TOPICS: Business/Economy; Health/Medicine; Religion; Society
KEYWORDS: constitution; covid19; napolitantds; rights
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Can our Bill of Rights be so summarily suspended and so arbitrarily abused without any complaint or action?

I say again the the hammered out legality of quarantine is historically for the sick, not the healthy! And we’ve never had the burden of proving ourselves healthy to exercise our rights.

1 posted on 03/30/2020 10:20:46 PM PDT by Persevero
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To: Persevero

The answer to this lies not only in the therapeutic but the diagnostic. I worked in both industries and was shocked at how little value diagnostics was regarded as providing.

Yet, if we had a readily available and easy to mass produce diagnostic right now, we could get back to work.

And there is good news on that front. But we need to mass produce those tests and fast.

Herein is the solution, every American who has been tested and does not have this should be allowed to return to work and go about their business.


2 posted on 03/30/2020 10:29:58 PM PDT by FlipWilson
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To: Persevero
Can our Bill of Rights be so summarily suspended and so arbitrarily abused without any complaint or action?

How have yours or Napolitan's rights been violated? The President of the United States has made decisions to try to stop the spread of a horrid disease that is killing Americans across our continent, and people around the world. In case you haven't noticed.

He has not phrased his plans in the forms of orders or proclamations, but has asked the people of America to be cooperative, to help with certain public health matters. That he views his concerns as others have had to view war-time governance is encouraging to me that he is serious about wanting to protect us American people.

It's time you, Napolitano, and others consider the rest of us and and remove your spoiled-brat attitudes until such time as such attitudes do not give people who may be or may become ill, license to do what you want at the peril of your fellow citizens.

In other words, grow up, bud. Your persnickety spoiled-bratism does not help us one iota in the present matter.
3 posted on 03/30/2020 10:30:12 PM PDT by righttackle44 (Take scalps. Leave the bodies as a warning.)
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To: Persevero

Good points in your post.


4 posted on 03/30/2020 10:30:51 PM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Persevero

Pastor arrested for violating holding services

Abortion is good to continue though

CD


5 posted on 03/30/2020 10:33:55 PM PDT by Coffee_drinker (Drain The Swamp.)
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To: Persevero

Quarantines are for the sick, but nobody knows yet who is and who isn’t.

You don’t have a Constitutional right to spread disease and put other people in jeopardy. If you are infected others will choose not to associate with you. The government has an obligation, its only obligation, to secure everybody’s rights, even if it happens to piss you off. Sometimes there are conflicts. They clearly understand that proud spreaders are a threat to the general welfare of the nation. For once they are actually doing the job they are there for, and all we hear is a bunch of whiney losers complaining about their cancelled ski trips. We’re all making sacrifices. Many more so than you. Grow up.


6 posted on 03/30/2020 10:37:55 PM PDT by calenel (Don't panic. Prepare and be vigilant. Join the war effort. On the human side.)
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To: righttackle44; Persevero

We will know in 30 days...


7 posted on 03/30/2020 10:39:14 PM PDT by Vendome (I've Gotta Be Me https://www.youtube.com/watch?v=BB0ndRzaz2o)
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To: FlipWilson

so we trade freedom until we have diagnostics.

i don’t see anywhere where that is written.

and look what they’ve pushed thrpugh while they’ve kept us home. at fdderal, state and local levels.

in addition to the violations of freedom we’re discussing.


8 posted on 03/30/2020 10:40:52 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: righttackle44
Napolitano didn't say one word about Pres. Trump or his decisions.

In these days of state governors issuing daily decrees purporting to criminalize the exercise of our personal freedoms, ...

In particular note the words "decrees" and "criminalize."

9 posted on 03/30/2020 10:42:05 PM PDT by TigersEye (MAGA - 16 more years! - KAG)
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To: Persevero

Quarantines originate at the STATE level. Your state has no official quarantine at this time. Take it up with your governor..


10 posted on 03/30/2020 10:49:56 PM PDT by datura
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To: Persevero
1.

"It is obviously impractical in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all: Individuals entering into society, must give up a share of liberty to preserve the rest. " (Emphasis added.)

George Washington wrote those words in the letter conveying the Constitution to "the United States in Congress Assembled".

2.

So Franklin wrote “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” (Emphasis added.)

What about giving up a little liberty temporarily to purchase essential safety?

11 posted on 03/30/2020 10:51:31 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of ignorance. Cursed be those who don't.)
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To: calenel

It is not immature for me to assert that the obligation is on the government to reasonably prove that I am sick before they take away my rights.

Get up off the ground.


12 posted on 03/30/2020 10:53:07 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: Persevero

bump


13 posted on 03/30/2020 10:53:07 PM PDT by Bob434
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To: FlipWilson

In your scenario we have to prove we are healthy to be free.

I say I should be proven very communicably sick before I am deprived of my rights.


14 posted on 03/30/2020 10:54:20 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: righttackle44

How are my rights violated? Seriously?

I am deprived of the right of assembly, worship, to bear arms, and the non enumerated but recognized right to work.


15 posted on 03/30/2020 10:55:42 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: datura

My governor may not have used the word quarantine but he has decreed we must shelter in place. That is a quarantine.


16 posted on 03/30/2020 10:56:56 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: KrisKrinkle

I think I have been deprived of any enormous amount of Liberty. Not a “little.”


17 posted on 03/30/2020 10:57:49 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: Persevero

Liberty surrendered is difficult to reclaim. Will we now shut down the entire country for every virus? Every flu? Every perceived threat? I suspect this has little to do with a virus and everything to do with subjugating a once free people.


18 posted on 03/30/2020 11:01:48 PM PDT by freepertoo
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To: Persevero

You just enumerated State Issues, not Federal. Your governor can take those rights away temporarily in an emergency, which has been upheld numerous times in our history.

You need a congregation to worship?

Asssmbly? Yes to protect those from possible contagion. Mardi Gras did wonders for Louisiana.

Bear arms Cali?

And where is your Constitutional RIGHT to work? I’ve never read that one.

Get some cheese to go with your whine.


19 posted on 03/30/2020 11:02:47 PM PDT by datura
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To: Persevero

I don’t see any constitutional rights being violated around here. People are driving up and down the highway just as much or more than as before. The national paid spring vacation is in full swing including groups of motorcyclers cruising down the highway having a good time.

Some business are restricted. They are having a bad time I know. Others are going right along. Mail order is doing just about the same as before it seems. I just placed two big orders for parts and they are packed and on their way.

Asking people to use common sense to protect themselves and others is destroying constitutional rights? Good thing these people were not around during the war or the polio epidemic or even measles when you were made to go home and stay there with a quarantine sign on your house.


20 posted on 03/30/2020 11:08:10 PM PDT by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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