Background: NH Gov. Chris Sununu: “Public Health Trumps Everything“. As many of us have noted: Constitution, even? Something has been bothering me since his 3pm Presser last Friday at which time he announced his “Stay at Home 2.0”. At one point during the Presser, he was asked a question about Out of Staters coming into NH for camping purposes. My raw notes:
Commerce clause as you are a Constitution kind of guy. Gov Sununu. Enforcement of car license plates will be by the facilities themselves. They would have to call police and then a chat would occur. Aimed at day or weekend visitors (to the above)
The reporter called him a “Constitution[al] kind of guy (to which Sununu seemed to verbally assent to) and wondered how his policy of not allowing Out Of Staters to come to camp would square with the Commerce Clause:
(Article 1, Section 8, Clause 3) To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
Cornell Law Schol’s Legal Information Institute has this to say about that:
The “Dormant Commerce Clause” refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. Of particular importance here, is the prevention of protectionist state policies that favor state citizens or businesses at the expense of non-citizens conducting business within that state.
So, this was a bit of a dodge on Sununu’s part in that while he won’t post “guards” at the entryways of NH, he pushes off the enforcement of no non-resident campers (unless they are “members” at a private club) onto the private sector and local police. It’s still not clear what would be done as I listened to the Presser.
Note: I can’t find the video of that presser anywhere – not on WMUR, not on NH BPS, and not on the NH.GOV website in order to back this up.
Of more importance to me: after that question, he was asked about opening up worship service attendance to churches, synagogues, and others to allow for congregate worship even if the churches abided by his Social Distancing “guidelines”? Being a Constitutional guy, as alluded to above, I thought that he MIGHT have decided to reference either (or both) the NH and US Constitutions:
First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
[Art.] 4. [Rights of Conscience Unalienable.] Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.
[Art.] 5. [Religious Freedom Recognized.] Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.
June 2, 1784
Not a freaking chance. Not word ONE about the Constitutional Right to Worship. Not word ONE about the Constitutional Right of Conscience. Not directly, not indirectly. Instead, he started talking at NASCAR Superspeedway speeds about how to figure out occupancy rates? How do you turn people away if you get “full”? How to keep such a large crowd safe? Ramifications of transmittal to those in and outside of the church? How about this, how about that other thing, passing the plate. I would not be wrong, in summary, in believing that HE doesn’t believe that believers have to gather together to worship. It was a non-stop blither fest of logistics and meaningless dribble for a few minutes as to why the Constitution and the worship of God doesn’t matter.
Where Obama reduced the Freedom of Worship to freedom to worship in your worship center, Sununu just demolished the church building altogether.
Perhaps we should contact US Attorney General Barr who is siccing the US Dept of Justice on this kind of anti-religious activity by Government. As Barr has said, “Public Health Trumps Everything doesn’t trump the US Constitution. Sununu ought to start having his staff start searching the Internet a bit more for what he can or cannot do. Here’s a link:
Justice Department Calls Church Service Restrictions Unconstitutional
Pull out yer popcorn, this oughta get good.
