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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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To: Revel

I agree, the vibe has changed since I came on, about ‘07...
Everyone was up in arms about how Obama would “ fundamentally transform” the US.... well... ? this site has sure transformed


101 posted on 03/31/2020 5:06:41 AM PDT by nevermorelenore ( If My people will pray .)
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To: central_va

Something you may want to consider. All I have been going on is # new deaths every day. Fauci and Birx have access to the results of a million tests. They aren’t projecting ten days forward. They know where the “leading edge” is on a “granular” level. They are talking 100,000 deaths. You may remember when asked (frankly was demanded to provide) a number for Mar 31 ten days ago I replied 5,000 on Mar 31. How did I do?


102 posted on 03/31/2020 5:16:45 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: joma89

JoMa,

Thanks for your well-written post.

First, for perspective, my basis is a traditional libertarian point of view, favoring individual freedom and responsibility and small government.

However, over the years, I’ve learned that certain matters are better dealt with from a national view.

I believe a dangerous epidemic is one of those things. There are several debates wrapped around our situation.

Will this lead to loss of freedom? Watching Pelosi and her ilk grab for power is not reassuring.

Is a temporary loss of freedom (1st amendment), a good thing to reduce harming our vulnerable family members and neighbors a good thing? I think so.

How much freedom are we willing to sacrifice, for how long? We all have a different view of that, based on our experience and personal situation. I was very unhappy with government interference before this event.

Is the economic hit worth it? No one knows yet. But we’ve decided to spend $2 trillion to reduce 2,000,000 potential deaths ($1 million per soul), not to mention the economic impacts, and I think more would be reckless.


103 posted on 03/31/2020 5:17:10 AM PDT by MV=PY (The Magic Question: Who's paying for it?)
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To: Persevero

We all have the right to stay home and not infect our families, neighbors, friends, coworkers and complete strangers.


104 posted on 03/31/2020 5:17:54 AM PDT by bgill (Idiots. CDC site doesn't recommend wearing a mask to protect from COVID-19)
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To: wastoute

You are missing the point. The questionable social actions, the social distancing are having severe detrimental effects the the economy. THERE IS NO PROOF THAT ANY OF THE ECONOMIC CHAOS PREVENTED ONE DEATH. You pointed headed BS artists love using the entire USA as your petri dish. F all of you....


105 posted on 03/31/2020 6:05:09 AM PDT by central_va (I won't be reconstructed and I do not give a damn....)
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To: central_va

...and as of this moment there is no evidence Plaquenil actually “saves lives”.


106 posted on 03/31/2020 6:07:27 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Persevero

Liberals were looking for a way to claim authority to move to communism. They found it: “State of Emergency! You’re all going to die!!!”

The people: “OK. What do you want us to do? Close our business, stay indoors, and wait further orders, yes, sir!”

The government: “This isn’t martial law. That’s different somehow.”


107 posted on 03/31/2020 6:36:22 AM PDT by CodeToad (Arm Up! They Have!)
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To: calenel

Having read your homepage you are correct on a whole lot of topics but you are dead wrong on the germ-a-phobe front.

You can’t fight germs by ‘hiding’ from them, they will find you sooner or later, no matter what you do or don’t do.


108 posted on 03/31/2020 6:36:40 AM PDT by BrandtMichaels
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To: righttackle44
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.” ― William Pitt the Younger

I have looked and looked but still haven't found a "Noble Cause" clause in the Constitution/Bill of Rights.

109 posted on 03/31/2020 7:11:06 AM PDT by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: joma89
I have read you response, and I find it funny.

What your entire comment boils down to is, I want my rights regardless of the consequence that my rights cause to my fellow citizens.

There is no reasoning with such as you.
110 posted on 03/31/2020 7:28:09 AM PDT by righttackle44 (Take scalps. Leave the bodies as a warning.)
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To: bgill

Yes. We all have that right. I’d not argue against that.


111 posted on 03/31/2020 8:13:27 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: familyop

“No one has the right to present a bio threat to others.”

Agreed. I do not argue against legitimate quarantine.

I argue against the notion that healthy people should be allowed to be quarantined. I argue that we should not have to PROVE we are healthy minute to minute avoid quarantine. Historically, legally and morally this has been the case.

This en masse quarantine of millions of healthy people is unprecedented, illegal, and wrong.


112 posted on 03/31/2020 8:17:08 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: datura

First of all I didn’t write the article. Andrew Napalitono did. If you’d like to talk about breathtaking ignorance perhaps write to him.

Obviously I did not vote for Governor Newsome. Ii doubt you voted for your horrible governor either. And I never moved to Washington although Washington would be better off if I did.

I furthermore have not blamed Trump for this debacle.

As for big buy pants and concerts I might eat out five times a year and I haven’t gone to a concert in decades. I would like to WORK and see others able to provide for themselves and not fall into abysses of depression and anxiety. I am fine. I argue for the many who are not. And I argue for our constitutional RIGHTS which we are blithely handing over with only a handful of us saying ...

The emperor is wearing no clothes!!

To demand our rights as citizens not be unilaterally denied is not whining. Again, get off the ground.


113 posted on 03/31/2020 8:23:54 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: datura

To insist upon my constitutional rights is not whining.

Yes the assembly is the worship. Would you like to the courts to say that the church has no right to assemble since we can just Worship God via livestream? Given some arguments here I wouldn’t blame them.

But the word of His requires the ASSEMBLY. We are corporeal, not Sims. In person communication is not replaceable. Baptism and communion require coming together. The worship service as a whole is corporeal not virtual. It is one thing if you are bed bound and have nothing but this weak substitute.

I have a right to worship God as He requires. The state may not forbid me. If you call that assertion “whining” you’d best consider whose side your on.

As for my illegally limited right to self defense in Cali I guess it’s fine with you if it’s further limited by the gun stores being illegally shut while our prisons are emptied. Thanks a million.

The constitutional right to work is non enumerated but long established in major law please see “right to work” laws. Commerce, etc all reflects that. But you know that. You just want to weakly accuse me of whining when I stand up and object to my God given and lawful acknowledged rights removed.

Rights not exercised are lost.


114 posted on 03/31/2020 8:32:18 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: datura

Ha and my husband would be amused that you are pitying my wife.

“Give me liberty or give me death!” - Patrick Henry. What
a whiner.


115 posted on 03/31/2020 8:34:06 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: ReaganGeneration2

Now we know the incredible tyranny governors can impose and please God let’s vote some better governors in next election opportunity.


116 posted on 03/31/2020 8:35:30 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: Sequoyah101

Asking people to use common sense is not destroying our constitutional rights, no.

Closing gun stores for “public safety” is. Legally disallowing people to work under threat of fine or prison is. Arresting pastors who conduct worship services and threatening to permanently shut churches and synagogues that continue to meet is. Forbidding is to have weddings, funerals, or meetings in general is.

There is no “simple ask” in most of our states now. And I’d even argue that “simply asking” me not to worship God or defend myself is an offense of the state against our constitutional liberties.


117 posted on 03/31/2020 8:40:10 AM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: familyop

The thing is, it is bad and stuff happens. It is part of the risk of life and sometimes the risk turns into disaster. The Gov. of Arkansas was asked a couple of weeks ago about covering losses. He said we just don’[t have the money for it. He was right, we can’t cover all the losses. They are an unfortunate risk of life and there will be survivors and not. Some thing are just too important to let go thought. Winners and losers will be picked. It has to be so.

I’ve been through more bust cycles in the oil business than I can count. I’ve seen people gamble big and small and lose everything. Ive seen warehouses full of welding trucks that were owned by individual welders living their dream and then there was no work and they sold their rigs for dimes on the dollar. Same way with lots and lots of businesses in the industry. It is happening again. Nobody bailed them out, no government checks. Winners and losers. It is life.

This will pass and there will be jobs again afterwards. Some of the employers and owners will not be the same though. The longer it goes on the worse the aftermath will be.


118 posted on 03/31/2020 9:05:40 AM PDT by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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To: cherry

Because CDC, FDA and NIH are flaming screw ups that the President counted on and they failed. They have failed to test, failed to track, failed to isolate, failed to quarantine and are now trying to fail to treat. To compensate for their previous failures they are failing to respond, be flexible and advise with proportionality.

CDC are the disaster.


119 posted on 03/31/2020 9:08:18 AM PDT by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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To: Sequoyah101

This was an unforced error. We should all be ashamed of what we have done to those under 40 and losing their livelihoods, for what? None of that is helping to isolate those truly at risk.


120 posted on 03/31/2020 9:08:51 AM PDT by central_va (I won't be reconstructed and I do not give a damn....)
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