Posted on 04/23/2020 5:59:54 AM PDT by Kaslin
An essential principle of the United States is that it is a free country, with individual liberties guaranteed, and government power limited. That concept is now being tested. A deadly worldwide pandemic has led to draconian lockdowns, forced closings of businesses, and even mandatory “stay at home” orders, some with Orwellian, friendly sounding names like “Safer at Home” or “Stay Home, Stay Healthy” – but still mandatory and enforced by police. The unprecedented, far-reaching orders have been issued by unelected county health officers as well as by governors of states.
Are these orders legal? Do state governors have the legal and Constitutional authority to forcibly close all “non-essential” businesses? To confine the entire population in their homes indefinitely without a trial? Who gets to decide which businesses are non-essential? In California, churches, synagogues and mosques have been deemed “non-essential” and ordered closed, but liquor and hardware stores are still open and doing a bustling business.
President Trump proclaimed a national state of emergency under the National Emergencies Act on March 13, 2020. However, nothing in that proclamation closed any businesses, confined anyone in their homes or infringed on any other constitutional rights or liberties. That, and other actions by the federal government merely cleared away certain regulatory roadblocks that could interfere with the government’s response to the pandemic.
(Excerpt) Read more at americanthinker.com ...
Obviously not any more.
I am of the opinion that the Constitution is the start of authority for all laws, organization, and authorities that The People have agreed with and consent to. It applies in all conditions.
Well, they’ve already banned the Ten Commandments.
There is a time element involved, plus the tendency of the government to find itself in bounds when it referees its own actions.
When Lincoln unconstitutionally suspended habeas corpus, the constitution still applied, but that finding was later, and pretty much moot.
Then there is the fact that you can be literally dead, but posthumously found legally right.
The government has little in the way of what I view as "immediate" restraint or pre-restraint. It can do whatever unconstitutional act it desires. You know how to find your way to the courthouse.
The Constitution either is the supreme law of the land, or it is not. If it no longer applies, dissolve the Union and let the chips fall where they may.
Politicians need to adhere to it and stop tip-toeing around on eggshells in mortal terror of criticism. Not saying it would ever happen, but that’s what they SHOULD do.
We are like no other country, we have a constitution, and no it cannot be overruled.
I hear ya Brother. We either follow the compact or all bets are off!
It was supposed to count ALWAYS, butt...........
The Constitution becomes a moot point when citizens obediently follow unconstitutional decrees and law enforcement officials stand ready to enforce those illegitimate orders.
Obviously, if a politicians says, “State of Emergency”, it’s magic for, “I am the dictator and shall make all rules! Screw your constitution!”
Polidiots found a simple virus allows this magic incantation. Tomorrow, a shooting, or the flu. I man, the flu killed more than COVID-19, so the polidiots can use that logic. “See, COVID allowed the magic incantation, so the flu should too.”
Unfortunately, there’s precedent. Lincoln suspended a lot of it during the Civil War.
It's more nuanced than that. Ultimately, the three branches of government operate to redefine the effect of the constititution, so NOTHING the government persists in is unconstitutional. It can ban certain firearms, find hom marriage in the constitution, compel individuals to buy health insurance, dictate test protocol for primary education, and on and on and on - 100% of this is constitutional, according to the government that referees itself.
Does the constitution still apply? It depends who you ask.
Government can operate against the interest and will of the people. If government was always biased in favor of liberty, then there would be no need for a bill of liberties or bill of rights. And even those are only as good as the willingness of the people to revolt as necessary - see, for example, prohibition, which, whicle technically constitutional was unpopular and served mostly to enrich both organized crime and federal law enforcement.
“The Bill of Rights in the United States Constitution does not mention any exceptions to individual rights and liberties when there is a declared state of emergency.”
But “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The extent to which those powers are defined is within the individual State Constitutions and laws as established with the consent of the people. Such definition may vary from State to State, and I don’t know what such definition is in any particular State.
Not since the Civil War.
If it doesn't then we no longer have a country.
It hasn’t for a long time!
Old Honest Abe Lincoln shredded the US Constitution during his “National Emergency” and it has never recovered. States Rights be damned.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
A pandemic doesn't fit this description, but anyone who claims that Lincoln's suspension of habeas corpus was illegal doesn't know what they're talking about.
It was an “invasion” of trillions of Chinese germs. So everything is Constitutional /s
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