By Jake MacAulay
Despite what you hear from "Constitution experts" on TV, no president or governor or health department official has the authority to suspend the Constitution by ordering people not to congregate, or by closing businesses, or by falsely imprisoning people in their homes.
The TV legal experts usually speak of "balancing" individual rights against government interests with words like "compelling state interest" and "least restrictive means." But this is a false pretense. The Constitution doesn't contemplate any "balancing."
Unless a jury of your peers convicts you of a crime, your constitutional rights are absolute. And it's the governors' sworn duty to protect these rights, not to violate them.
Is this what James Madison was referring to when he declared in Federalist 47:
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
I have regrettably observed that many modern Americans know almost nothing about the Constitution, or about American history, or about the Source and nature of law.
It seems the culprits responsible for this shameful situation include at least the public schools, the "managed media," career politicians, cowardly pastors and a lazy citizenry.
There is a virus. And there is a virus agenda. They are not the same thing.
My field of expertise is the U.S. Constitution. And I have already offered you my opinion that many actions of state governors are not lawful, and that no emergency or plea of necessity excuses a governor's violation of his or her state constitution.
Of course, I am not a medical doctor, but many health professionals believe and the CDC has admitted that the original estimates of the virility and the lethality of COVID-19 were grossly overestimated and that, despite the admitted inflating of COVID-19-related deaths by the CDC, this so-called "pandemic" is turning out to be less deadly than a normal flu season.
So, there's good news about the virus, but there's not-so-good news about the virus agenda.
The question I have is: Despite the flattening of the curve, lower hospital admissions and a falling fatality rate, why are many governors are ramping up their edicts and mandates when it seems they should be relaxing or rescinding them? The lockdown continues in "lockstep." And on the national stage, Drs. Fauci and Birx seem committed to structuring a "new normal" for all of us when there seems to be no reason why we can't return to the "old normal."
Now, that's because the belief that the virus was both deadly and novel was the pretext for governments to justify policies that, despite their draconian nature, most Americans were willing to suffer and endure because they perceived this to be for the benefit of their families and communities. But as each day passes, citizens are feeling betrayed by the news that the overreaction to COVID-19 by the WHO and the CDC may have been intentional and calculated. This breeds further resentment regarding the increasingly despotic actions of governors.
I agree with Thomas Jefferson who stated, "I own I am not a friend to a very energetic government. It is always oppressive."
Make no mistake – there is a virus and there is an agenda. While the threat from one seems to be ending, the threat of the other seems to be just getting started.