May 28, 2020

How is the Federal Government Stopping Unconstitutional COVID Orders?


Lawyer standing outside of a congressional panel
Lawyer ready to defend you

A Strike Favoring Liberty!

Even if it's late, Attorney General William Barr announced that the Justice Department is taking action against states who pushed COVID restrictions too far. Specifically, the AG spoke about efforts that restrict civil rights of citizens.The Washington Times reported that the federal government directed US Attorneys to "be on the lookout" for state and federal mandates enacted since March.

Specifically, the Department is seeking out orders that violate religious, free speech, or economic rights. Furthermore, the Attorney General wrote the letter to all 93 US Attorneys. The AG is working with the Assistant Attorney General for Civil Rights, Eric Dreiband, and the US Attorney for the Eastern District of Michigan Matthew Schneider on a reaction plan.

Understanding These Edicts and Pushback from a Historical/Legal Perspective

So, to begin with, let's lay a foundation. This is a topic of great interest to me on multiple levels. On the one hand, I support the civil rights of Americans. Doubly so during a crisis. Furthermore, I see elements due to my decades of legal experience that many passersby may not. Also, this is a topic that concerns the health, business, and livelihood of millions of our citizens. The same people that I took an oath entering the USMC to serve and protect.

The Largest Violations are By Blue State Governors?

There have been several significant violations in the last three months, which we will go through below. But this is not an exhaustive list but should remind us of how much we've lost since March.

  • Cuomo's nursing home order. New York Governor Andrew Cuomo forced New York homes for the elderly to take in Coronavirus patients back in March. The resulting order led to the deaths of tens of thousands of elderly patients. Cuomo blamed President Trump. (Source)
  • Whitmer's extended orders. Michigan Governor Gretchen Whitmer extended stay at home orders well beyond most other governors. This included banning certain types of shopping-- even in open stores. She also threatened to extend the orders in retaliation for protests.
  • Restriction of commerce. This is one that is often the case in states like California, New York, and Michigan. In Los Angeles in particular, we have seen disease outbreaks and lawless panhandlers spreading disease and crime, while the local Sheriff has closed down gun stores, for example. The ability for Americans to conduct business and even defend their families was sharply curtailed, even outside of pandemic planning.
  • Religious freedom. Most churches across the country have been closed-- some even after the immediate restrictions were lifted. This included fining people for attending a drive-in service.

Too Little, Too Late?

Let's take a look at some parts of our Unanimous Declaration of Independence, which is incorporated by reference in the enabling date of the U.S. Constitution "1776." Replace the word "King" with the any of above mentioned blue state governors, and you will quickly see that those same liberals who questioned authority and big government, have modeled the behavior of King George during times of crisis soon upon assuming power.

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good. (Refusal to enforce immigration laws or Second Amendment)

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. (Refusal to let kids in schools unless they receive vaccinations, refusal to allow churches tax exempt status unless they support gay rights, etc.)

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. (Closed down government building when gun owners protest government overreach)

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. (Allowing undocumented, non citizens to vote legally and fraudulently in our elections)

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. (Favoring illegal immigration over a naturalization process)

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. (Supporting secret FISA courts in order to take out political opponents, and stacking the courts with political judges who rule against freedom)

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. (See above)

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. (Thought police in public schools?)

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. (Militarizing local police)

He has affected to render the Military independent of and superior to the Civil power. (See above.)

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences (FISA)

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us. (COVID closures and arrests)

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. (CIA and FBI collaboration against citizens with the help of foreign agents)

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. (Encouraging race and gender based riots)

The efforts by Barr may simply be too little, too late for this go around. But a quick reading of our Declaration clearly shows that many of these unconstitutional EXECUTIVE orders are against freedom. And they are nearly three months old at this point. Furthermore, many free states have simply blown off the federal government's mandates and advice. But many blue states have gone into warp speed to deprive citizens of their basic freedoms. At the least, action now may mean that when and if there is another national emergency that there will be fewer power grabs by the states. We can hope, anyway.

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