“Informed by the lessons of history,the Constitution was established to safeguard the rights of the people even under the most exigent circumstances. The framers “foresaw that troublous times would arise, when rulers and people would become restive under restraint, and seek by sharp and decisive measures to accomplish ends deemed just and proper; and that the principles of constitutional liberty would be in peril, unless established by irrepealable law. The history of the world had taught them that what was done in the past might be attempted in the future. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” Ex parte Milligan, 71 U.S. 2, 120-21 (1866) (emphasis added). It is especially in times of emergency that we must protect the rights of the people, lest we establish a dangerous precedent empowering less benevolent government officials in the future to oppress the people in the name of exigency. In America THE LAW IS KING! For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.” Thomas Paine, 1776, Common Sense (1776). In Wisconsin, as in the rest of America, the Constitution is our king——not the governor, not the legislature, not the judiciary, and not a cabinet secretary. We can never “allow fundamental freedoms to be sacrificed in the name of real or perceived exigency” nor risk subjecting the rights of the people to “the mercy of wicked rulers, or the clamor of an excited people.” Fear never overrides the Constitution. Not even in times of public emergencies, not even in a pandemic.”
Very well said