The framers were pretty clear about their values and principles. The bureaucrats who run the government today do not want to even allow people to ask about life, liberty or property rights. They understand the answer they will get implicates them and their actions in anti-American activity.
In the Revolutionary Era colonists could and did protect themselves from evildoers. Attempting to steal their property or take their lives drew immediate, personal response. The foe they most feared however was government. They fought a war against the biggest government of the day. They undertook the action because King George was assailing their economic rights and their right to self-government.
Is history not repeating itself today? It isn’t my neighbor or even a thief in the night, which impairs my personal liberty. No, instead it is the government. It does so in the same way King George did. Our government acts under the guise of safety. We are acting to protect you from yourself. Don’t believe it? Don’t believe it? Have you seen anyone driving alone with a mask on? They aren’t wearing a mask for comfort, or warmth, or even protection from the virus.
The Constitution and the Bill of Rights were written precisely to prevent governments in America from tyranny. Yes, state or federal governments like control, and power. Those things interfere with our liberty. Our liberty does not depend on the whims of government unless we let it.
We have a right to due process. Governors are out of bounds with year long declarations of emergency. When they take such actions they deprive us of our right to due process. This jury trial requirement is called due process. It is guaranteed by the Fifth and 14th Amendments.
The 5th and 14th Amendments mandate the government comply with due process. This is required whenever it seeks to impair the life, liberty or property of any person. What we are re-lear4ning today is a constitutional guarantee is only as good as is the fidelity to the Constitution of those responsible for safekeeping. Who would that be?
Nanny state governors are assuming to themselves the powers to write laws and enforce them. That assumption violates the U.S. Constitution. It also violates the constitutions of the states. In America we don’t have kings. Here the power to write laws and the power to enforce laws is separated to different branches of the government.
The separation of powers protects we the people. It shelters our freedom, our property rights and even our lives. In America we call that the separation of powers. Antonin Scalia describes it as the most unique and freedom-protecting aspect of the Constitution. And it applies to states as well as the federal government.
Now frame the so-called lockdowns in this constitution. Even the word lockdown is a demeaning word. It originates in the shutdown of prisons during riots. It has the impact of directly impairing personal liberties. Personal liberties are not only natural to us but are expressly guaranteed by the Constitution. That’s how the U.S. Supreme Court interprets it.
These lockdowns interfere with our freedoms. They inhibit freedom to speak, travel, worship, assemble, engage in commerce and use property to its highest and best use. Under federal law what is going on is a felony. Government employees are employing government tools to impair our enumerated rights. This is being done without due process. That is tyranny. The founders fought a war over that.
Governors are using police powers to interfere with personal liberty that is what a lockdown does. And liberty is expressly guaranteed by the Constitution. Doing so without a trial at which the government proves fault, they have violated both state and federal law. It does not matter what their reasoning may be. All these executive orders regulating private personal behavior are profoundly unconstitutional and even criminal. There is no pandemic exception to the Constitution. It is liberty that flows in our veins, not pocket full of mumbles that government safety is.