Sunday, March 22, 2020

Covid 19 Necessary Response or Totalitarian Over Reach




Two articles have come to my attention today that sum up my fears over the Corona virus outbreak response the first from Judge Napolitano, with whom I often disagree, the second from the Heritage Foundation, with whom I generally agree. https://www.creators.com/read/judge-napolitano https://www.heritage.org/the-constitution/commentary/constitutional-guide-emergency-powers
Napolitano fears that the that the response threatens freedom over the long term and that the consequences of losing that freedom is far more dire than the threat a virus, even a horrific one, could impose. I agree. If inalienable rights can be alienated by a crisis, they cease to be rights but become license to be revoked as the government sees fit. These Napolitano thoughts could have been taken from my YouTube comments and texts, though my versions were notably less eloquent.

However when I did additional research via the Heritage Foundation I learned that infectious disease is treated differently by law then a standard crisis, in times of epidemic state local and federal laws allow for reasonable measures to be taken  where needed even if those measures may be extraordinary. They cite numerous cases and precedents which are legally binding even if I disagree with those cases and precedents.  

The totalitarian instincts of government are not confined to the malicious intents of would be petty dictators, rather we dare never forget that unshackled from the constitution as our government increasingly has become tyranny is not possible but inevitable.
To keep the forces of government under control it is important to recall that government derives its just power from the governed, and we the governed have been far too liberal in giving over those powers. Herein lies in my humble opinion the key, we have enabled our leadership to take reasonable steps in times of infectious disease epidemics. We the people must determine if the steps being taken are reasonable.

I am fairly comfortable that the federal response has been in accordance to statute, and in my opinion mostly correct, though I am unconvinced that the level is totally justified, state and local governments are the front line defenders of public health and we have entrusted them with very broad powers , but do we really want to grant governors the power to lock down entire states and shutter churches indefinitely?
It is time to define reasonable for the sake of public health emergencies. Once a power is abused it must be revoked, this applies to the FISA court and it applies to public health. When this crisis passes or if it goes on too long we the people need to reign in the reach of state and local governments, We the people need to define what the limits of state and local powers are with regard to religious institutions and private businesses we need to define the parameters of when these powers can be implemented and for how long.

I know we have to have flexibility on these matters epidemics don’t follow time tables but we are individuals and must be allowed to act and think as individuals, we need to be permitted to decide for ourselves how to best protect ourselves and our families.

After all we are Americans
Keep on the firing line


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