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Is Virginia’s Authoritarian Governor Overstepping His Powers?
Townhall.com ^ | April 16, 2020 | Marina Medvin

Posted on 04/16/2020 6:18:04 AM PDT by Kaslin

Governor Northam has ordered local businesses to stay closed through May 8. He is operating under authority that he believes he has under Virginia law.

Virginia’s emergency disaster law grants a Governor broad powers “to protect the public peace, health, and safety, and to preserve the lives and property and economic well-being of the people of the Commonwealth.”

Governor Northam, like many other leftist authoritarian governors, used his emergency powers to shut down businesses in his state in order to “save” people from coronavirus. Did he act within his powers?

Coronavirus, as of April 15, resulted in 195 deaths and 6,500 people testing positive in Virginia. We do not know how many of those cases are symptomatic, but based on research from the Princess Cruise, half of those testing positive for Coronavirus will be symptomatic, so we can predict that about 3,250 people in Virginia are actually sick from coronavirus. The coronavirus infection fatality rate in Virginia is 3%.

According to the Virginia Department of Health, the 2019-2020 flu season has resulted in 1,424 flu deaths in Virginia and 11,875 people infected. Virginia had a 12% infection fatality rate based on these numbers. We can extrapolate that Virginia had at least 23,750 flu infections if we account for the 50% asymptomatic flu rate. This number will be even higher if you include those who were sick but didn’t go to the doctor to be tested for the flu.

Comparing the two, it is evident that coronavirus has been only a fraction of the risk to Virginians that the flu has been. Coronavirus deaths compare as only one-fourth of Virginia’s flu deaths and the coronavirus fatality rate is one-half of Virginia’s flu fatality rate.

Moreover, coronavirus is not expected to increase in threat to Virginians. According to Professor Yitzhak Ben-Israel of Tel Aviv University, who compared coronavirus infection patterns throughout the world, all regions experienced seemingly identical coronavirus infection patterns, with the number of infected peaking in the sixth week and rapidly subsiding by the eighth week. There are competing models that shout cataclysmic predictions in Nostradamus-style fortune-telling, but they have been proven utterly unreliable. Professor Ben-Israel’s findings are based on reality, based on what is actually happening without any attempt to soothsay.

Considering these issues together and in context, we can say that coronavirus is a lesser threat to Virginians than the flu.

A counter-argument likely forming in your mind at this very moment is that the stay at home order and business closure order has helped to mitigate the infection rate, right? Well, not so, according to Professor Ben-Israel‘s research. According to his review of the Wuhan Virus infection rates around the world, the virus maintains a fixed pattern that is not dependent on level freedom or quarantine. “There is a decline in the number of infections even [in countries] without closures, and it is similar to the countries with closures,” he wrote in his research paper. Irrespective of whether the country quarantined like Israel, or went about business as usual like Sweden, coronavirus peaked and subsided in the exact same way. There is no reason to believe the Wuhan Virus in Virginia will behave anomalously to the rest of the world. In fact, a Virginia-tailored model from UVA also predicts a decline in infections in Virginia. There is no reason to believe coronavirus is an impending threat of catastrophic or emergency proportions. Coronavirus is no friend, but nor is it the plague that we were fooled into believing either.

If coronavirus is not wreaking havoc on Virginians, certainty not any more ferociously than the threats already among us, such as the flu, then how are we in the level of danger where we lose our American freedoms? And, does not Northam’s duty to Virginians also include the “economic well-being of the people,” as the Code of Virginia clearly states?

Northam and Trump were initially acting under the rushed impression that a catastrophic death rate was imminent. But now we have learned that the prediction was astoundingly inaccurate and that even strict quarantine didn’t change the behavior of the virus. We learned that we didn’t even need to flatten the curve. This knowledge cannot be brushed away as an inconvenience. After all, the decisions that Northam is making are directly detrimental to the economic well-being of the people of Virginia: he is ordering businesses to close, for schools to close, and for people to remain sheltered — all under threat of criminal charges.

On April 15, after all of the above was known, instead of announcing a reduction of his emergency controls, or a plan for moderate social distance policy, Northam doubled down on the tall tale and extended his rigorous control order for three more weeks. Northam ignored the data that showed his response was over-reactive and incommensurate with the threat from coronavirus. He just steered the course. Why? To stick it to Trump. Trump wanted governors to ease restrictions, to start getting our country back to normal. Northam played his power card against the man who he sees as an archenemy.

Is Northam in violation of his authority? I believe so. Northam has a duty under Virginia law to act in the economic well-being of Virginians even during emergencies, and on April 15 he proved that economic well-being is of zero concern to him. Instead of tailoring reasonable, protective provisions — for example, requiring masks be worn by those in food preparation industries — Northam broadly ordered people to stay at home and for businesses to remain closed. The fact that many businesses will not be resurrected from the dead once he is through playing with their destiny was of no concern to Northam. He discarded business owners as a problem the feds might take care of, a dereliction of his duties.

Northam is carelessly forcing poverty on the small business owners of Virginia.

Coronavirus has sickened people throughout the world. So has the flu. So have many other viruses, diseases, and ailments. Yet we do not cease to be free and the world goes on, sick in tow. Do not err and assume I care not for the sick; I do, greatly, but my compassion does not overcome my reason. My emotion does not cloud my judgment.

There will inevitably be pandemics in our future that threaten large portions of the world’s population, the likes of the Black Death. We will need to exercise all police powers to protect human health and safety in those situations. But coronavirus isn’t on a risk magnitude that necessitates the mandated poverty and economic destruction that would be reasonable sacrifices for the likes of a Black Death. There are more tailored, more reasonable, and less general ways to protect the people of Virginia. The least restrictive means need to be exercised at this time to protect the people, nothing more.


TOPICS: Culture/Society; Editorial; News/Current Events; US: Virginia
KEYWORDS: coronavirus; governornortham; northam; policestate; shutdown; virginia
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1 posted on 04/16/2020 6:18:04 AM PDT by Kaslin
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To: Kaslin

Yes, they all are. Unless I am wrong, and I’d love to know, I don’t think governors have the equivalent of “war powers act” to step on freedoms in the BOR.


2 posted on 04/16/2020 6:20:03 AM PDT by TiGuy22
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To: TiGuy22

This, from the (doctor) governor who will graciously “make the baby comfortable” while the child’s execution is discussed.


3 posted on 04/16/2020 6:22:58 AM PDT by Ouchthatonehurt
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To: Kaslin

yes and I can’t figure out why he’s dragging this on for so long. Other states are opening up sooner.


4 posted on 04/16/2020 6:24:05 AM PDT by ronniesgal (so I wonder what his FR handle is???? and let's get back to living!!!)
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To: Kaslin
Virginia’s emergency disaster law grants a Governor broad powers “to protect the public peace, health, and safety, and to preserve the lives and property and economic well-being of the people of the Commonwealth.”

Do these broad powers include the power to order the death and disposal of virus carriers?

ML/NJ

5 posted on 04/16/2020 6:24:34 AM PDT by ml/nj
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To: Kaslin

Northam needs to spend his last days as a hunted animal racing ahead of an enraged people who need to bring him to justice.


6 posted on 04/16/2020 6:28:50 AM PDT by Truth29
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To: ml/nj

obviously


7 posted on 04/16/2020 6:29:30 AM PDT by Kaslin
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To: TiGuy22

Northam is out of his designated powers. The state has not seceded from the union, so he cannot override the Bill of Rights or federal law unless for a short period of time due to special circumstances. He is a dictator and his model is Obama.


8 posted on 04/16/2020 6:30:08 AM PDT by Shery (Pray for righteousness to be restored and for the peace of Jerusalem.)
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To: ronniesgal
yes and I can’t figure out why he’s dragging this on for so long.

My wife is a teacher in Virginia. A month ago, Blackface Northam announced that schools would be closed for the rest of the year. It was laughably premature. My wife and many of her friends speculate that in order to save face he can't open the Commonwealth back up earlier than what would have been the close of the school year.

My wife is a reading specialist. She teaches little kids who are smart but having trouble learning how to read. She says these kids are doing nothing at home and are losing the most critical three months of their entire education where it comes to reading. She says they will be pushed to the next grade and will be unprepared. They will never learn to read properly, which will have a negative ripple effect on them for the rest of their lives. She is sick about this.

9 posted on 04/16/2020 6:34:49 AM PDT by KevinB ("Ignorance more frequently begets confidence than does knowledge." - Charles Darwin)
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To: KevinB
"She says they will be pushed to the next grade and will be unprepared"

The better to become lib sympathizers. Unless, of course, they manage to think for themselves.

10 posted on 04/16/2020 6:46:04 AM PDT by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: Truth29

Your comments brings mental images of a person in tattered clothing, bleeding from wounds, running at night with a mob carrying torches, pitchforks, axes, and a rope close on his heels.

Hunting down all the hard left democrats like this would make a good movie.


11 posted on 04/16/2020 6:46:52 AM PDT by redfreedom
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To: redfreedom
Hunting down all the hard left democrats like this would make a good movie.

I've found that some of the best movies are based on reality.

12 posted on 04/16/2020 6:48:17 AM PDT by 1Old Pro
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To: Kaslin

Northampton is maintaining a crisis mode so that he and the democrats can install vote-by-mail, same day voting, top two primaries, and all the democrat wish lists to permanently keep democrats in power.


13 posted on 04/16/2020 6:53:12 AM PDT by oldbill
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To: Kaslin

Almost 1/3 of the deaths in the state have occurred in two nursing homes.

Governor Blackface said yesterday that he sees the “new normal” as people wearing face masks. Guess he’s OK with a Klan Hood.


14 posted on 04/16/2020 6:53:12 AM PDT by Henry Hnyellar
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To: Kaslin

Northam, Whitmer, Murphy, Cuomo...all stone cold tyrants. Hyper exaggerate threat then use it as pretext and justification for their dracononian measures. Just like gun control mania after big shootings. These filthy politicians go to bed each night praying for a Reichstag Fire of some sort.


15 posted on 04/16/2020 6:59:19 AM PDT by Bonemaker (invictus maneo)
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To: ml/nj; xzins

If the powers to take away our fundamental rights are as broad as these governors claim, then they have the power to shoot us for leaving our homes without a mask.

Constitutional limitations that limit fundamental rights must be narrowly tailored to address a compelling government interest. These “broad” powers must be applied as narrowly as possible. Most of these overbroad draconian orders are unecessary and clearly unconstitutional.


16 posted on 04/16/2020 7:02:30 AM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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To: Kaslin

There has be over 2 Million Lawyers living in Virginia, where are they? Where are the Lawyers who know this is wrong and that Governor Blackface should be taken to court?


17 posted on 04/16/2020 7:03:55 AM PDT by EC Washington
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To: Kaslin

At least one positive here in the Old Dominion is that COVID has laid bare the utter irrelevance of the ACLU. I have little time for most of their BS but exactly where the heck are they as states run roughshod over our rights?

For VA, I expect Gov Klan to keep the emergency declaration in place even after we get back to normal. He and all other Govs, even GOP, are loving the sense of power this gives them. Northam will use it to prohibit religious services and gun shows as long as possible.


18 posted on 04/16/2020 7:24:24 AM PDT by 3RIVRS
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To: Truth29

Northam needs to spend his last days as a hunted animal racing ahead of an enraged people who need to bring him to justice.


perfect outcome for this enemy of the republic.


19 posted on 04/16/2020 7:26:57 AM PDT by Levy78
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To: Henry Hnyellar

“new normal” as people wearing face masks”
He and all the demorats are very happy to see all those mask being improperly used. This virus crap will go on for months because the improper use of these masks will spread this all the more here this is my observation from yesterday morning.

I watched people outside the business this morning and about half has a plain paper mask on there face. What I did notice was that every single one of them 100% either reached in their pocket or in the passenger seat of their vehicle and grabbed their mask by the paper part. Now to the untrained eye that seems fine hey they’re protecting themselves and everyone else from this horrible virus, right? By the reality is that if they are indeed infected with the virus they have now completely contaminated their hands with a snot, saliva, and moisture laden mask. Now instead of having sparsely contaminated hands their hands are a virtual biological weapon with billions of viruses. Then I watched every single one of them adjust their mask on their face that is now severely contaminated, so now they have spread the virus all over the outside of their mask thus with every sneeze, cough, or breath they are blowing out super contaminated air. Now realize that every single thing they touch in the business is now super contaminated and the air they breathe out is also now extra contaminated. Then every single one of them when they left the business they shoved these biological weapons back into their pockets or passenger seats and drove off or went across the street and repeated the process at another business thus super contaminating it all the more. This is not just irresponsible but just plain stupid... without proper training these mask are going to spread this virus all the more. I didn’t even cover them using gloves to come into the business and then keeping the gloves on to improperly remove their mask thus severely raising their own possibility of catching the virus by multiple contact points.


20 posted on 04/16/2020 7:44:35 AM PDT by mrobisr (Romans 10:9-11 it's that simple)
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