A recent article by Judge Andrew P. Napolitano discusses the pandemic response in terms of natural rights and the US Constitution. The following are some highlights:
This understanding of natural rights was wedded to the United States at its birth in 1776 when Jefferson wrote in the Declaration of Independence that we are endowed by our Creator with certain inalienable rights, and again in 1791 when Madison wrote in the Ninth Amendment that because human liberty is so expansive the government must protect even unstated, unenumerated rights.
To protect our rights from whom?
The framers could easily answer that question, yet the folks who run the government today do not want it asked because the answer implicates them. In the revolutionary era, colonists could protect themselves from evildoers attempting to steal their property or take their lives. But the foe they most feared was the government. They fought a bloody war against the government of King George III because it assaulted their economic rights and their right to self-government.
History is repeating itself, without the courageous revolutionaries. It is not my neighbor, or even a thief in the night, who impairs my personal liberty — it is the government. It does so, just as King George did, under the guise of safety. Yet, the Constitution and the Bill of Rights were written precisely to prevent governments in America — state or federal — from interfering with our liberty, absent a jury trial at which they must prove fault.
Under federal law, when a government employee employs government tools to impair these enumerated rights — and does so without due process — that person commits a felony.
Thus, when governors use police powers to interfere with personal liberty — liberty that is expressly guaranteed by the Constitution — and do so without a trial at which the government proves fault, they have violated both state and federal law, no matter their reasoning. Thus, all these executive orders regulating private personal behavior are profoundly unconstitutional and even criminal.
Thus, when governors use police powers to interfere with personal liberty — liberty that is expressly guaranteed by the Constitution — and do so without a trial at which the government proves fault, they have violated both state and federal law, no matter their reasoning. Thus, 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 false promises of government safety.
Read the entire article at this link:
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