Discussion:
Judge Andrew P. Napolitano: Coronavirus shutdowns by governors are unconstitutional, illegal and immoral
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BeamMeUpScotty
2020-11-21 12:33:36 UTC
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On Fri, 20 Nov 2020 08:05:10 -0800, Josh Rosenbluth
https://www.foxnews.com/opinion/coronavirus-shutdowns-illegal-judge-andrew-napolitano
"There is no pandemic exception to the Constitution. It is liberty that
flows in our veins, not false promises of government safety."
Perfectly stated.
=====
Judge Andrew P. Napolitano: Coronavirus shutdowns by governors are
unconstitutional, illegal and immoral
“Rightful liberty is unobstructed action according to our will within
limits drawn around us by the equal rights of others. I do not add
‘within the limits of the law’ because the law is often but the tyrant’s
will, and always so when it violates the right of an individual.”—
Thomas Jefferson (1743-1826)
As if nanny state governors had been sleepwalking through the tyrannical
shutdowns and their disastrous consequences last spring and summer, as
if they were ignorant of the economic destruction of those they barred
from going to work or operating their businesses, as if they thought it
is lawful to assault natural rights and constitutional guarantees, these
same governors are now beginning another wave of interferences with
personal liberty.
Slowly, over the past 10 days, while the eyes of the public and the
media have been on the counting of votes in the presidential election
and the ensuing allegations and litigations, governors in New Jersey,
Pennsylvania, Michigan, Connecticut and New York have threatened to
impose or have begun to impose their unconstitutional, illegal, immoral
and illogical efforts to shut down society in order — they claim — to
rid the land of the COVID-19 virus.
By doing so, they have reignited the age-old debate of individual
liberty versus public safety. In this case, the safety they claim to be
enhancing is safety from disease. Yet, by their executive orders, they
have purported to use state law to interfere with freedoms without due
process that are guaranteed by the U.S. Constitution. By doing that,
they have set themselves up for criminal prosecutions when normalcy
returns.
MORE GOVERNORS ISSUE CORONAVIRUS RESTRICTIONS AHEAD OF THANKSGIVING AMID
CALLS TO DOWNSIZE GATHERINGS
Here is the backstory.
For the past four years, I have been working on a 650-page treatise that
explores the origins of human freedom from a natural law perspective.
The book traces the recognition by scholars, jurists, theologians and —
in the case of America at its founding — radical revolutionaries like
Thomas Jefferson and James Madison, who truly believed and passionately
argued that human freedom — our individual power to make unobstructed
choices — comes from within us, and not from the government. Most of the
historical defenders of this truism also believed in God and argued that
He made us free by giving us free will.
More from Opinion
    Leslie Marshall: Gavin Newsom is my governor and I'm a Dem, but he
made a big COVID mistake
    Tucker Carlson: Gavin Newsom’s French Laundry birthday dinner goes
beyond mere hypocrisy
    Gutfeld on the new COVID restrictions
This understanding of natural rights was wedded to the United States at
its birth in 1776 when Jefferson wrote in the Declaration of
Independence that we are endowed by our Creator with certain unalienable
rights, and again in 1791 when Madison wrote in the Ninth Amendment to
the Constitution that because human liberty is so expansive the
government must protect even unstated, unenumerated rights.
To protect our rights from whom?
The framers could easily answer that question, yet the folks who run the
government today do not want it asked because the answer implicates
them. In the revolutionary era, colonists could protect themselves from
evildoers attempting to steal their property or take their lives. But
the foe they most feared was the government. They fought a bloody war
against the government of King George III because it assaulted their
economic rights and their right to self-government.
History is repeating itself, without the courageous revolutionaries. It
is not my neighbor, or even a thief in the night, who impairs my
personal liberty — it is the government. It does so, just as King George
did, under the guise of safety. Yet, the Constitution and the Bill of
Rights were written precisely to prevent governments in America — state
or federal — from interfering with our liberty, absent a jury trial at
which they must prove fault.
This jury trial requirement is called due process. It is guaranteed by
the Fifth and 14th Amendments, which mandate that the government comply
with due process whenever it seeks to impair the life, liberty or
property of any person. Of course, a constitutional guarantee is only as
reliable as is the fidelity to the Constitution of those in whose hands
we repose it for safekeeping.
CLICK HERE TO SIGN UP FOR OUR OPINION NEWSLETTER
Now, back to these nanny state governors. They have assumed to
themselves the powers to write laws and enforce them. That assumption
violates the U.S. Constitution and the constitutions of the states in
which they were elected, because the power to write laws and the power
to enforce laws is required to be separated in America. We call that the
separation of powers. It is, according to my late friend Supreme Court
Justice Antonin Scalia, the most unique and freedom-protecting aspect of
the Constitution, and it applies to states as well as the federal
government.
Add to this the so-called lockdowns — a demeaning word originating in
the shutdown of prisons during riots —  that directly impair personal
liberties that are not only natural to us but are expressly guaranteed
by the Constitution as the Supreme Court has interpreted it. These
lockdowns interfere with the freedom to speak, travel, worship,
assemble, engage in commercial intercourse and use property to its
highest and best use.
Under federal law, when a government employee employs government tools
to impair these enumerated rights — and does so without due process —
that person commits a felony.
CLICK HERE TO GET THE FOX NEWS APP
Thus, when governors use police powers to interfere with personal
liberty — liberty that is expressly guaranteed by the Constitution — and
do so without a trial at which the government proves fault, they have
violated both state and federal law, no matter their reasoning. Thus,
all these executive orders regulating private personal behavior are
profoundly unconstitutional and even criminal.
There is no pandemic exception to the Constitution. It is liberty that
flows in our veins, not false promises of government safety.
I have little doubt Napolitano disagrees, but SCOTUS precedent has held
that regulations of commercial activity are presumptively
constitutional. They are invalidated only when they cannot be supported
by any rational basis.
The government has no right to regulate who I have in my home.
it's an attempt to keep people isolated while they steal the election so
that we don't get together to oppose the theft of our GOVERNMENT.

This is an attack on the Constitution and our freedoms, but the bigger
picture is that it's cover for the Marxist-Democrats while they attempt
to steal the power to control us by stealing elections and then
undermining the Constituion woth their TOTALITARIAN policies.

If they can use the Virus to steal oppress the opposition then they can
get away with the FRAUD and theft.

This is a war against the American CITIZENS and it looks to be part of
an organized attack on the United States by the enemies of the United
States. This is NOW time to impliment a NATIONAL EMERGENCY that is
designed to track down and identify all interests who are attempting to
limit freedoms of Americans and to fraudulently control people by
limiting their Constituional RIGHTS.

All those entities need to be shut down and locked up and held as
evidence for future prosecutions. All foreign companies and funds need
to be frozen... the money tracked back to find all the ECONOMIC
TERRORISTS attempting to undermine the United States, an emphasis needs
to be placed on he Democratic Party and their connections to outside
money and Marxist and Socialist and Communist persons and entities.

This is an attempted coup Detat at the Ballot Box. The theft is real
and this has put the United States at risk of being stolen from WE THE
PEOPLE. The "CITIZENS" are the anchor all others need to scrutinized at
this time. We're under foreign attack.
--
TAKE THE RED PILL

https://www.oann.com/
https://www.newsmaxtv.com/
https://americasvoice.news/
https://www.infowars.com/
https://www.tatumreport.com/
https://www.parler.com/
BeamMeUpScotty
2020-11-21 14:29:39 UTC
Reply
Permalink
On Fri, 20 Nov 2020 08:05:10 -0800, Josh Rosenbluth
https://www.foxnews.com/opinion/coronavirus-shutdowns-illegal-judge-andrew-napolitano
"There is no pandemic exception to the Constitution. It is liberty that
flows in our veins, not false promises of government safety."
Perfectly stated.
=====
Judge Andrew P. Napolitano: Coronavirus shutdowns by governors are
unconstitutional, illegal and immoral
“Rightful liberty is unobstructed action according to our will within
limits drawn around us by the equal rights of others. I do not add
‘within the limits of the law’ because the law is often but the tyrant’s
will, and always so when it violates the right of an individual.”—
Thomas Jefferson (1743-1826)
As if nanny state governors had been sleepwalking through the tyrannical
shutdowns and their disastrous consequences last spring and summer, as
if they were ignorant of the economic destruction of those they barred
from going to work or operating their businesses, as if they thought it
is lawful to assault natural rights and constitutional guarantees, these
same governors are now beginning another wave of interferences with
personal liberty.
Slowly, over the past 10 days, while the eyes of the public and the
media have been on the counting of votes in the presidential election
and the ensuing allegations and litigations, governors in New Jersey,
Pennsylvania, Michigan, Connecticut and New York have threatened to
impose or have begun to impose their unconstitutional, illegal, immoral
and illogical efforts to shut down society in order — they claim — to
rid the land of the COVID-19 virus.
By doing so, they have reignited the age-old debate of individual
liberty versus public safety. In this case, the safety they claim to be
enhancing is safety from disease. Yet, by their executive orders, they
have purported to use state law to interfere with freedoms without due
process that are guaranteed by the U.S. Constitution. By doing that,
they have set themselves up for criminal prosecutions when normalcy
returns.
MORE GOVERNORS ISSUE CORONAVIRUS RESTRICTIONS AHEAD OF THANKSGIVING AMID
CALLS TO DOWNSIZE GATHERINGS
Here is the backstory.
For the past four years, I have been working on a 650-page treatise that
explores the origins of human freedom from a natural law perspective.
The book traces the recognition by scholars, jurists, theologians and —
in the case of America at its founding — radical revolutionaries like
Thomas Jefferson and James Madison, who truly believed and passionately
argued that human freedom — our individual power to make unobstructed
choices — comes from within us, and not from the government. Most of the
historical defenders of this truism also believed in God and argued that
He made us free by giving us free will.
More from Opinion
    Leslie Marshall: Gavin Newsom is my governor and I'm a Dem, but he
made a big COVID mistake
    Tucker Carlson: Gavin Newsom’s French Laundry birthday dinner goes
beyond mere hypocrisy
    Gutfeld on the new COVID restrictions
This understanding of natural rights was wedded to the United States at
its birth in 1776 when Jefferson wrote in the Declaration of
Independence that we are endowed by our Creator with certain unalienable
rights, and again in 1791 when Madison wrote in the Ninth Amendment to
the Constitution that because human liberty is so expansive the
government must protect even unstated, unenumerated rights.
To protect our rights from whom?
The framers could easily answer that question, yet the folks who run the
government today do not want it asked because the answer implicates
them. In the revolutionary era, colonists could protect themselves from
evildoers attempting to steal their property or take their lives. But
the foe they most feared was the government. They fought a bloody war
against the government of King George III because it assaulted their
economic rights and their right to self-government.
History is repeating itself, without the courageous revolutionaries. It
is not my neighbor, or even a thief in the night, who impairs my
personal liberty — it is the government. It does so, just as King George
did, under the guise of safety. Yet, the Constitution and the Bill of
Rights were written precisely to prevent governments in America — state
or federal — from interfering with our liberty, absent a jury trial at
which they must prove fault.
This jury trial requirement is called due process. It is guaranteed by
the Fifth and 14th Amendments, which mandate that the government comply
with due process whenever it seeks to impair the life, liberty or
property of any person. Of course, a constitutional guarantee is only as
reliable as is the fidelity to the Constitution of those in whose hands
we repose it for safekeeping.
CLICK HERE TO SIGN UP FOR OUR OPINION NEWSLETTER
Now, back to these nanny state governors. They have assumed to
themselves the powers to write laws and enforce them. That assumption
violates the U.S. Constitution and the constitutions of the states in
which they were elected, because the power to write laws and the power
to enforce laws is required to be separated in America. We call that the
separation of powers. It is, according to my late friend Supreme Court
Justice Antonin Scalia, the most unique and freedom-protecting aspect of
the Constitution, and it applies to states as well as the federal
government.
Add to this the so-called lockdowns — a demeaning word originating in
the shutdown of prisons during riots —  that directly impair personal
liberties that are not only natural to us but are expressly guaranteed
by the Constitution as the Supreme Court has interpreted it. These
lockdowns interfere with the freedom to speak, travel, worship,
assemble, engage in commercial intercourse and use property to its
highest and best use.
Under federal law, when a government employee employs government tools
to impair these enumerated rights — and does so without due process —
that person commits a felony.
CLICK HERE TO GET THE FOX NEWS APP
Thus, when governors use police powers to interfere with personal
liberty — liberty that is expressly guaranteed by the Constitution — and
do so without a trial at which the government proves fault, they have
violated both state and federal law, no matter their reasoning. Thus,
all these executive orders regulating private personal behavior are
profoundly unconstitutional and even criminal.
There is no pandemic exception to the Constitution. It is liberty that
flows in our veins, not false promises of government safety.
I have little doubt Napolitano disagrees, but SCOTUS precedent has held
that regulations of commercial activity are presumptively
constitutional. They are invalidated only when they cannot be supported
by any rational basis.
The government has no right to regulate who I have in my home.
it's an attempt to keep people isolated while they steal the election so
that we don't get together to oppose the theft of our GOVERNMENT.

This is an attack on the Constitution and our freedoms, but the bigger
picture is that it's cover for the Marxist-Democrats while they attempt
to steal the power to control us by stealing elections and then
undermining the Constitution with their TOTALITARIAN policies.

If they can use the Virus to steal oppress the opposition then they can
get away with the FRAUD and theft.

This is a war against the American CITIZENS and it looks to be part of
an organized attack on the United States by the enemies of the United
States. This is NOW time to implement a NATIONAL EMERGENCY that is
designed to track down and identify all interests who are attempting to
limit freedoms of Americans and to fraudulently control people by
limiting their Constitutional RIGHTS.

All those entities need to be shut down and locked up and held as
evidence for future prosecutions. All foreign companies and funds need
to be frozen... the money tracked back to find all the ECONOMIC
TERRORISTS attempting to undermine the United States, an emphasis needs
to be placed on he Democratic Party and their connections to outside
money and Marxist and Socialist and Communist persons and entities.

This is an attempted Coup D`etat at the Ballot Box. The theft is real
and this has put the United States at risk of being stolen from WE THE
PEOPLE. The "CITIZENS" are the anchor all others need to scrutinized at
this time. We're under foreign attack.

TRUMPS failure to this point is that he and his advisors haven't been
looking at the opposition the same way the opposition looks at TRUMP and
his supporters.

TRUMP sees them as Americans and just seeking a different path...

The Marxist-Democrats see us as their MORTAL ENEMIES.


Obama to Marxist Laraza Latinos "Punish Our Enemies" (American citizens)

Which begs the question of what does Obama say to other Marxist and
Jihadist friends when he rewards them? What did Obama say when he gave
Iran $150 BILLION DOLLARS? Was Obama again... punishing his enemies
(American citizens) by rewarding America's enemies?


We aren't just the opposition party, we are the enemy of the LEFTISTS
and the BORDERS don't define their "military and political" aspirations.

The reason they don't want borders is that those Marxist-Democrats make
anyone who isn't a Marxist, their absolute fight to the death enemy as
if it were a civil war with no borders. The place where most
REPUBLICANS FAIL is that they think of borders as separating you from
the people who would kill you over political differences but Marxists
live among us and they will kill you in your sleep to further their cause.

*Think about that tonight as you close your eyes to try to rest-up* for
tomorrow.



Biden admitted to engaging in extortion to get a foreign official who
was investigating fraud fired. That was illegal due to the fact that
Biden's son was part of the company being investigated.

https://www.youtube.com/watch?time_continue=36&v=UXA--dj2-CY&feature=emb_logo


Joe Biden admits the truth, NOT to mention that Biden admitted that he
and Democrats "created the most extensive voter fraud program" ever in
politics.



Obama on an open mic telling Medvedev to tell Putin he can be more
flexible after the election.



The TREASON is easy to see and those Marxists don't care if you're
American, because that isn't who they are.... they tell you that and
Obama told you that all the time, when he said this is NOT who we are...
the irony is that it is who Americans are it just wasn't who Obama and
Marxists are.

The Republic is in *DANGER* and we need to pay attention to who is among
us. Biden will seek to dilute the Americans with uncontrolled illegal
immigration while he keeps you LOCKED-DOWN in your home and unable to
engage in your TRADITIONS and SHARE your HISTORY with FAMILY or friends
but Biden will allow untested and infected illegals to enter the
borders. That will be yet another double standard.
--
TAKE THE RED PILL

https://www.oann.com/
https://www.newsmaxtv.com/
https://americasvoice.news/
https://www.infowars.com/
https://www.tatumreport.com/
https://www.parler.com/
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