MR PRESIDENT: MAGA! Return To Constitutional Limits
By Wayne Jett
“THESE are the times that try men’s souls.” Thomas Paine, 1776
The Plague, also known as the Black Plague or the Pestilence, killed an estimated 75 million to 200 million people in Europe, Asia and northern Africa during years around 1350AD. This indelible human horror gave no hint that such deadly epidemics would not occur again – quite the contrary. Indeed, subsequent epidemics occurred all too frequently, including in the American colonies. After the colonies declared independence in 1776 and fought the war to achieve it, the Constitution was ratified in 1789, then amended in 1791 with ten amendments stating a Bill of Rights inviolable by federal, state or local government. These God-given human rights required to be honored were not made conditional “except during an epidemic.” The Bill of Rights contains no express governmental escape hatch permitting people to be deprived of human liberties in the event of an epidemic of disease, and no such escape hatch should be inferred now 230 years later.
The Constitution and Bill of Rights
As initially drafted and ratified on September 17, 1787, the Constitution established legislative, executive and judicial branches of government with powers and authority designed to balance and ameliorate abuses detrimental to individual human rights. Nevertheless, Americans foresaw prospects that these government institutions, once established, might become authoritarian in their rule over the people. These wary advocates of human rights drafted a series of express limitations on governmental powers called the Bill of Rights. This Bill of Rights was set forth as the first ten amendments of the Constitution and ratified on December 15, 1791, defining specific kinds of actions the government could not do and placing conditions upon the manner in which certain actions might be taken.
Article I, Section 1 of the Constitution vests all legislative authority of the federal government in Congress, consisting of the Senate and House. Article II, Section 1 vests all executive authority of the federal government in the President. Article III vests judicial authority in the Supreme Court of the United States. Amendment 1 provides: “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.” Amendment 5 provides: “No person shall … be deprived of life, liberty, or property without due process of law….”
Deprivation of Liberties to Work, Learn, Socialize
By what authority does any federal, state or local government prevent an American – much less all of us – from leaving home, from pursuing employment or productive activity, or from acting as any person at liberty may choose to act? No express governmental authority exists to do so. Nor should such authority exist legitimately in America without a substantial amendment of the Constitution in the manner required by its provisions. Therefore, all government officials in America are obligated to recede to their proper constitutional limits without further delay. Neither good intentions nor ambitions of legislators, executives or judges provide justification or foundation for usurpation of powers exceeding Constitutional limits.
No express provision of the Constitution authorizes the federal government, or any state or smaller subdivision, to order cessation of peaceful, private activities – especially those productive activities of work and employment necessary for self-support and familial well-being. Any such mandate is an anti-social weapon aimed directly against the middle class of human society – the middle class being comprised of every person seeking to support self or family. Only the world’s self-chosen super class of would-be rulers and their operatives or servants can tolerate for long a “shelter-in-place” order given by any authority.
Each and every American has constitutionally protected rights (including speaking, assembling with others, worshiping as each chooses, and bearing arms) to be at liberty and to go about activities as they choose. These rights specified as protected are not exclusive; Amendment IX is devoted solely to the purpose of protecting from infringement all other human rights not expressly stated.
Is toiling for sustenance and improvement of living conditions not a universal human right? Western civilization and certainly America each answers: yes. The very rise and existence of the middle class at a social level above poverty and servitude has depended wholly upon this human right to participate in the struggle for food, shelter and betterment. And now, 230 years after ratification of Amendment IX, we are expected to succumb quietly to the sacrifice of this essential right upon the hearth of governmental omnipotence?! Absolutely not!
No More Expansion of Government Powers
True enough, the ink was hardly dry on the Bill of Rights when those aiming to control this new republic and the people within its domain turned their attention to increasing the powers of government at the expense of protected human rights. Yes, a judicial opinion here and there, including by the Supreme Court, may be found expanding government powers at the expense of individual liberties protected by the Bill of Rights. In 1986, on a day surely deserving to live in infamy, the Supreme Court ruled without dissent that a federal statute requiring substantial payments of money from a certain class of private parties to a different class of private parties was not a taking of property by the government without compensation and, therefore, not a violation of the Taking Clause of Amendment 5. That decision was Connolly v. PBGC, 475 U.S. 211 (1986).
The Court itself is a part of government authority subject to influence by the globalist cabal, even though sworn to uphold, enforce and defend the Constitution as amended by the Bill of Rights. Serving its constitutional role requires of the justices and of each of us eternal vigilance to assure no infringement of individual rights threatens America’s middle class. The power of government to order all persons to refrain from working, assembling, traveling or socializing contains the threat of total destruction of the middle class, and must be kept from the hands of the globalist cabal’s operatives in American government.
Consider also that Congress has sole legislative authority in the federal government, but is expressly prohibited from passing any law abridging freedom of speech or the right to assemble peaceably. The President has no legislative authority. The Fifth Amendment prohibits the federal government from depriving any person of life, liberty or property without due process of law. Accordingly, an American president is not empowered to issue an order having the effect of law which deprives any person of the right to assemble peaceably and work to sustain the lives of self and family.
What, then, is the basis of authority for the President, or for any state governor, to issue orders that privately owned businesses must be closed, or may be operated only under restrictions which prohibit or limit assembly and mingling of customers? This is no idle inquiry of little consequence; it is a constitutional issue of significant importance. Presuming that federal or state governments may do as they wish in such matters is both erroneous and dangerous, as political and economic consequences are severe.
If, indeed, businesses and employees were to have these new social conditions imposed upon them, the risks of employment, borrowing and lending are forever changed in ways which amount to placing prosperity out of reach of the great majority. Faced with risks of imminent shut-down of operations by government edict (influenced by political motives, as always), what business enterprise is so invulnerable to failure that it can risk long-term borrowing or investing in property, equipment or personnel? And what financial institution will take the risk of lending?
President Trump likely regrets his actions calling for a shut-down of the national economy as a protective measure against rapid spread of the epidemic known as COVID-19. The federal medical experts were far off target in their estimations of contagion and hazard. No doubt the price paid in terms of unemployment, lost tax revenues and very high federal spending to cushion the impact on financial condition of laid-off or terminated workers and businesses is very high and still growing. Nonetheless, second-guessing the president on the decision is inadvisable due to our lack of knowledge of all considerations known to the president at the time of his action.
One conclusion to be drawn from this ongoing cataclysm is that the worst outcomes have been experienced in the venues most thoroughly controlled by globalist cabal operatives; i.e., those states and cities with “blue” politicians in control ordering their people to isolate, shelter-in-place, cease employment and rely on government support. Some venues have sent infected persons into nursing homes, ruthlessly infecting the most vulnerable, innocent victims. Some have falsely counted deaths as caused by the virus to drive up public fears and to collect more federal money for the hospital facilities.
The House under Speaker Nancy Pelosi held hostage financial relief to victims of the bioweapon, demanding as ransom billions in gifts to favorite causes of the globalist cabal. We can expect no better performance from legislative quarters until more globalist operatives are removed from power in the November elections.
Chief Executive – Key to Preserving Freedoms?
A primary reason for optimism presently is the key role of the Executive Branch, especially the president, with his demonstrated opposition to globalist objectives including endless wars, one-world government, carbon taxes, mandatory vaccinations and privately issued fiat currencies. President Trump has demonstrated his mettle in acting upon national needs to gain control of borders, incoming populations, the international trade balance, the private agenda of the Federal Reserve, the spreading regional wars and the omnipresent graft and corruption perpetrated by American politicians.
To re-emphasize the importance of the presidency in present circumstances, imagine if the policies of the blue state governors (New York, for example) were exerted nationally from the White House. As challenging as our dilemma is presently, the role of President Trump in opposing the globalist cabal’s agenda is all-important. Much is left to do, but a significant start has been made in clearing deep state and shadow government operatives from positions of influence in the White House, FBI, Justice and State Departments, and the intel agencies.
Indeed, we can see clearly that our main line of defense and our hope for victory lies, neither in the legislative branch nor the judicial branch, but in our elected chief executive. That he is strong, intelligent and determined that America shall succeed is a great blessing for ourselves and the world. The president’s next moves should lead the federal and state governments back within constitutional limits of their powers.