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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