This will not be a popular article, but one that must be written, nonetheless. Across our Republic, Governors and Bureaucrats, claiming executive power to combat the COVID-19 virus, have assumed absolute power over the actions of those they serve. Whether it be New Jersey banning the sale of firearms, to Virginia banning travel, unless the State Executive seems the travel essential, we are teetering on the fine edge of totalitarian rule.
Where, by the whim of elected officials, our most basic human rights are declared null and void, and our most basic human right to life, individual liberty and the attainment of property is crushed?
What is next? ‘Into the boxcar infected citizen?’ Don’t laugh, FDR did exactly that to innocent citizens without due process during World War II.
Drunk with assumed authoritarian power, Governors and the President have issued decrees against the very fabric of our Republic.
And then to add insult to injury, Congress and the President signed the so called ‘CARE’ Act. You know the one that gives you $1,200 (if you fit in a specific class) while plunging each of us over $13,000 in additional debt.
But where does this power come from? And why are the people not questioning these assumed powers?
That is a very good question.
First of all, in reading Article 2 of the United States Constitution, there is no power for the President of the United States to declare quarantine, nor restrict travel, nor force private companies to manufacture goods of their choosing. That power simply does not exist.
In fact the oath of office of the President of the United States is –“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Even more, it is the duty of the President of the United States to ensure that no State in the Union violates the Constitution or the Bill of Rights.
From Virginia to many of States in the Republic, Governors have banned everything from gatherings of over 10 people to prohibiting church services, though in the 1st Amendment to the United States Constitution, it reads-“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a Redress of grievances.”
In addition, many Governors have issued ‘declarations’ that firearms may not be purchased, this is also in clear violation of the 2nd Amendment of the United States Constitution, which says- “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
In clear violation of the 14th Amendment to the United States Constitution, Governor Northam, as well as nearly every Governor in the Republic have assumed the power to define ‘essential’ duties and employment, deciding, on their own, who may travel, assemble and work. In reading the 14th Amendment, it is the duty of the President of the United States from preventing States from doing exactly that. Read it yourself- “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
So, my friends, just where, in the law of the land, does the power exist for States or the Federal Government to restrict your right to assemble, your right to bear arms or your right to exercise religion?
In fact, the Constitution was written to prevent the exact situation we are facing today.
What is even worse, is that the United States Attorney General, William Barr (yes, the same Barr that supports Red Flag Gun Confiscation in violation of due process as outlines in the Constitution) is seeking emergency powers to indefinitely detain anyone he deems a danger to the, well, dare I say Republic. Again, in clear violation of the 5th and 6th Amendments. He must be channeling FDR again.
But, by controlling the population with fear, no one is challenging these efforts, and it is about time that we do.
Now, it has been stated several times that in 1824, the Supreme Court in Gibbons v. Ogden addressed a state’s authority to quarantine under the police powers. It doesn’t, it alludes to such.
In fact, if you read Article 3 of the United States Constitution, the powers of the Supreme Court are very defined and read, in Section 2, ‘The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.’
If you read the entirety of Section 3, which gives authority to the Supreme Court and it’s actions, you will find no, I repeat no, authority to create new law. So the 1824 case mentioned does not establish any state’s power to quarantine nor violate your most basic rights.
But that is exactly what has been done since 1803, when politically appointed robed overlords have, time and again through judicial activism, created essentially new laws.
It is precisely clear and defined, both in the language of the Constitution of the United States, and the Federalist Papers that were written to explain and garner support for its ratification, that no power exists for the Federal Government, in any way shape or form, to control private companies nor to violate your preexisting rights as enshrined in the Bill of Rights.
In fact, it is the duty of the President and the Legislative Branch to prohibit exactly that.
But, as intended, under the 10th Amendment, States are permitted to exercise free authority over any additional items the State and its residents feel are necessary.
So, as residents of the Commonwealth of Virginia, let’s take a look at the Virginia State Constitution, and the powers delegated to the State Chief Executive, Governor, and determine if ‘emergency powers exits.
In Article 5 of the Constitution of Virginia, the exact powers of the Governor are clearly defined, and do not address any emergency powers except to ‘be commander-in-chief of the armed forces of the Commonwealth and shall have power to embody such forces to repel invasion, suppress insurrection, and enforce the execution of the laws.’
In fact, in Section 7 of Article 5, it states the clear role of the Governor is ‘The Governor shall take care that the laws be faithfully executed.’
So just what are those laws?
Quite simply those as listed in the very first section of the Virginia Constitution, the Bill of Rights.
Bear with me as I list the ones that pertain to this current situation.
Section 1- That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Banning travel to work to obtain property, or to exercise liberty is in direct conflict with the very first section of the Constitution!
Section 12 states in part- that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble
The two things to take from this are clearly that the prohibition of assembly is never to be passed, and that the power over creating new law lies in the Legislative Branch, not at the whim of the Governor. Northam, in creating executive orders, has done exactly that, created new laws, which is also unconstitutional.
And even further, Governor Northam’s orders to prohibit Church Services directly violates Section 16 of the State Bill of Rights, which states- That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
And while attending church is banned, abortion mills in Virginia continue to kill unborn children a dozen times more daily than the COVID-19 virus has in total in Virginia.
So, in reading the exact texts of both the United States Constitution, and the Constitution of the Commonwealth of Virginia, there exists no authority to perform any and all actions taken by the Governor in the COVID-19 crisis. Actually, it is the duty of the President of the United States to prevent him from doing exactly that!
It is stated several times, in both Constitutions, that no laws outside of the strict boundaries they lay out can be enforced. Activist Judges cannot simply create or write new law. Legislators and Executives cannot establish new State and or Federal Codes in violation of the law of the land, unless the respective Constitutions are amended.
But today, people, cowering in fear of getting sick, or possibly dying, are allowing our economy to collapse, their most basic rights to be violated and the liberty so many died for to be destroyed.
Our forefathers would be ashamed of us for what we are putting up with.
For the power to restrict our lives, our liberty and our attainment of property does not exist.
In fact, it is a violation of the very basic laws of the land to attempt to do so.
Now, I understand that we face a serious health crisis, but the Founding Fathers never said the Constitution applies only when we are healthy, happy or want it to.
We must all take personal responsibility for our own lives, our own health and our own efforts to keep the spread of COVID-19 from infecting others. But it is our personal responsibility, not the responsibility of the government. We should wash our hands, be careful where we go and encourage each other to do the same. But government has no authority to force us to do so.
Have we arrived at the humiliating state that we no longer can make decisions regarding our own lives, our own liberty and our own rights? A state where one elected official must assume the nanny role and protect us from ourselves?
For that is the contrary to the very moral bounds of government, that as a people, we are too stupid to manage our own lives and in turn must beg our rulers to protect us.
And these powers, once assumed, will be used time and again for any crisis that any executive determines to gut your most basic human rights.
Tyrannical politicians are watching how you react to their new assumed powers, judging whether you will cower in fear of the state, or instead, stand as free and independent people in opposition to their rule.
I am not arguing you should be irresponsible, but rather free and responsible people, with all the God given and constitutionally enshrined rights as passed down for generations.
We are indeed at a tipping point, one that will set a precedent for future generations. Will we slide into total totalitarian rule or will we again roar like lions for liberty?
Our Republic was founded on rebellion to authoritarian rule. On the principle that no one person can, at any time, determine your free exercise of liberty and the ability to live your life as you see fit.
But now, instead, like sheep, we quake in fear and beg the government to protect us.
As often quoted, Ben Franklin said “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety”
What is it you are so afraid of that you are willing to allow the sacrifices of hundreds of thousands of patriots to be nullified by a virus?
We will all die one day, there is simply no avoiding it.
But what lives on is the legacy we pass along to future generations. Will that legacy be one which you are proud of? Or will it be one that will be looked upon in shame as you cower to a virus and grovel at the feet of government to save you?
If this unauthorized totalitarian rule continues, we will be forced to exercise mass civil disobedience, as our forefathers encouraged us to do.
Remember, it was Thomas Jefferson who said, ‘Unjust laws are no laws at all’.
The Patriots of 1775 would never had put up with this government tyranny, why should we? Will we sit idly by watching our jobs disappear, our companies fold and go under and the economy destroyed, leaving each of us to beg for substance on the government plantation?
Will we submit because one individual with a microphone assumes unauthorized power?
I don’t know what path others may take, but as for me, give liberty or give me death, not give me liberty or give me $1,200 and make sure I don’t get sick.