- Joined
- Apr 3, 2019
- Messages
- 21,990
- Reaction score
- 9,741
- Location
- Alaska (61.5°N, -149°W)
- Gender
- Male
- Political Leaning
- Conservative
According to the Fifth Amendment “[No person shall] ... be deprived of life, liberty, or property, without due process of law.” Furthermore, the Fourteenth Amendment stays that “[n]o state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States without due process of law.”
Every Governor who has issued a “stay-at-home” order has violated both the Fifth and Fourteenth Amendments of the US Constitution. Yes, those Governors were abiding by the laws enacted by their respective State legislatures, but those laws are illegal.
The Supreme Court in United States v. Wheeler, 254 U.S. 281 (1920) held that the right to travel without government restriction is one of those “privileges or immunities” of every American. In order to restrict the liberty of anyone both the States and the federal government must require procedural due process. That means a trial for every person they wish to restrict or confine.
No government (local, State, or federal) has the lawful power to curtail natural rights by decree. That includes the illegal curfew ordinances declared by city Mayors. There are no provisions within the US Constitution that grants any government the power to restrict, suspend, or terminate the Bill of Rights.
The States and federal government may only quarantine those who are actively contagious and will infect others imminently. And they must present evidence of both at a trial, at which the government bears the burden of proof.
That means a trial is required before any quarantine, no matter the public danger, for every individual whose liberty they wish to restrict. It must also be a fair trial, not one driven by media-generated mass hysteria or government-generated fear. Anything less is a violation of due process and our constitutionally protected rights.
Every Governor who has issued a “stay-at-home” order has violated both the Fifth and Fourteenth Amendments of the US Constitution. Yes, those Governors were abiding by the laws enacted by their respective State legislatures, but those laws are illegal.
The Supreme Court in United States v. Wheeler, 254 U.S. 281 (1920) held that the right to travel without government restriction is one of those “privileges or immunities” of every American. In order to restrict the liberty of anyone both the States and the federal government must require procedural due process. That means a trial for every person they wish to restrict or confine.
No government (local, State, or federal) has the lawful power to curtail natural rights by decree. That includes the illegal curfew ordinances declared by city Mayors. There are no provisions within the US Constitution that grants any government the power to restrict, suspend, or terminate the Bill of Rights.
The States and federal government may only quarantine those who are actively contagious and will infect others imminently. And they must present evidence of both at a trial, at which the government bears the burden of proof.
That means a trial is required before any quarantine, no matter the public danger, for every individual whose liberty they wish to restrict. It must also be a fair trial, not one driven by media-generated mass hysteria or government-generated fear. Anything less is a violation of due process and our constitutionally protected rights.