Sponsored Content
Sunday Morning Book Thread 10-04-2020 | Main | First-World Problems...Part šešiasdešimt aštuoni
October 04, 2020

Lockdowns Are Unconstitutional Absent Clear Evidence Of Extraordinary Need, And Wuhan Flu Ain't It

A government big enough to give you everything you want is a government big enough to take from you everything you have.
-- Gerald R. Ford

If the current destruction of our civil liberties and the rule of law isn't a perfect example of the evils of big government, I can't think of a better one. Even the internment of the Japanese during WWII had some logical basis, but the evisceration of our vibrant economy on the altar of "If It Saves One Life" is simply unjustifiable on its face. Perhaps if we renamed it, "If It Prevents One Trump Vote" we would arrive at a more honest moniker.

The United States Constitution is clear in its intent, and that is to prevent the encroachment of government power on our lives. It limits government power and action, and guarantees our ability to redress our grievances against government.

Too bad so many of our elected officials consider those guarantees to be advisory at best, and simply ignore them at worst.

That's why President Trump's reworking of the deep-state judiciary is vital, and why the District Court suit against Governor Wolf of Pennsylvania (and the Michigan Supreme Court holding against Governor Whitmer) is so important.

When the Governor's Word Is Law

The decision in Butler properly reorients the court’s deference away from the state’s emergency prerogatives and toward individual liberties. It is an important decision, not only because of what the judge decided, but because of how he decided it: Judge Stickman refused to simply rubber stamp the Governor’s pandemic orders decreed in the name of a public health emergency.

COVID-19 public health orders present a unique challenge to those whose lives they suspend and disrupt. Under state public health emergency laws, once a governor declares a state of emergency, it is practically impossible for the state legislature to undo it. That leaves aggrieved parties with no recourse but the courts, further burdening them with the expense and frustration of litigation.

The default to freedom and liberty from government action has morphed into the awful axiomatic assumption that government in all its forms is superior to the individual. When that change occurred is open to debate, but its existence is not.

My first experience with government power was the seat belt law passed in the early 1980s in NY. I remember my father installing three-point belts in our cars in the 1960s. And, seeing first-hand the horrible consequences of not wearing seat belts...when I was a teenager we saw a car leave the interstate at high speed, and all three occupants were ejected, with predictable results.

So I am a big fan of seat belts, and have never driven without wearing one. But that is my choice, and I bristle when told to do it on pain of a fine or, ultimately, imprisonment.

Yet that is a mild an unobtrusive example of government overreach. We can all think of dozens of examples, but none on the scale of the current crisis.

UPDATE: On October 1st, 2020, the Third Circuit Court of Appeals ordered a temporary stay of Judge Stickman's ruling as to congregate limits. Pending the parties' appeal, then, the restrictions on gatherings will remain in place.
And that's not surprising...government will defend itself to the last. After all, there is nothing so intoxicating as the exercise of power!
digg this
posted by CBD at 12:00 PM

| Access Comments




Recent Comments
TecumsehTea: " wolfus, I'm going to look for that other short s ..."

Brave Sir Robin: "I tried going back to church today. It still sucke ..."

Mike Hammer, etc., etc.: "On the topic of dystopian novels, I will mention a ..."

Patrick From Ohio: "On our Drive back from vacation we started listeni ..."

Gorgeous brainy woman with a love of literature: "And I had this all ready for him.' "Me too!" ..."

Mike Hammer, etc., etc.: " This week I read Five Years After by William R. ..."

Castle Guy: "273 Also this week I finally installed another boo ..."

gourmand du jour: "OK, I'm off! Thanks Perfesser! ..."

BurtTC: "Which I'm never going to do. I don't see that as a ..."

Sharon(willow's apprentice): "Thanks Perfessor for an entertaining morning. Stil ..."

OrangeEnt: "I thought the same about Michael Biehn of Terminat ..."

gourmand du jour: "Day 1, I didn't write anything today... Day 2, ag ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64