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01.17.2022

Freedom Loving Americans Are Surrounded

Attacks on Liberty Come From Every Level of Government

The asinine statements of Justice Sotomayor and results-driven jurisprudence of Justice’s Bryer and Kagen show the difference between conservatives and liberals in how they view the power of the Court. Constitutional law 101 says the Court does not exist to make new laws but to judge the constitutionality of statutes passed by the legislative branch. This is why conservative justices will sometimes vote to uphold or strike down laws that do not serve their political inclinations.  

This trend of sacrificing the legitimacy of the judicial branch by the left to get policies that cannot be pushed through the constitutionally acceptable method of adopting new laws – the legislative branch. After successfully trashing the credibility of the Court, progressives are now focused on doing the same thing to the Senate by attacking the filibuster to jam through more unpopular policies. 

While both of these are serious issues facing our republic, the truth is that in a federalist system what occurs at the federal level should be far less important on average to state government decisions. Unfortunately, both federal and state officials have been using the pandemic as an excuse to undermine the civil and human rights of their people. 

New York was the first state assembly to suggest the involuntary detention of its citizens in the name of “public health.” Over a year ago, on January 6, 2021, Assembly Bill A416 was filed in New York. It read, 

The public health law is amended by adding a new section 2120-a to read as follows: 

Removal and detention of cases, contacts, and carriers who are or may be a danger to public health; other orders. 1. The provisions of this section shall be utilized in the event that the governor declares a state of health emergency due to an epidemic of any communicable disease.

Even Snopes, a left-wing “fact-checker,” only marked online articles calling this the gateway to Covid-19 detention centers partly false since the language of A416 applies to any communicable disease, not just Covid-19. So the bill has a broader scope and is now indefinite in the power it grants state public health authorities. 

The lack of due process reflected in this legislation was copied by the progressive state government of Oregon as well. On top of Governor Kate Brown, who signed SB 744, which suspended math and reading proficiency requirements for graduating high school in her state to receive their diploma, the state believed in New York’s model of ex parte public health detention. The proposed legislation reads

At his or her sole discretion, a local health officer may issue an emergency detention order causing a person or group of persons to be immediately detained for purposes of isolation or quarantine in accordance with subsection (3) of this section, or may petition the superior court ex parte for an order to take the person or group of persons into involuntary detention for purposes of isolation or quarantine in accordance with subsection (4) of this section […]

These moves show the increasing willingness of both state and federal authorities to use the power of the state to coerce their citizens into complying with regulations that violate civil and human rights. With the Supreme Court striking down the Occupational Safety and Health Administration (OSHA) vaccine requirement for companies employing more than 100 people, it is likely to see states like Oregon, New York, California, and other one-party dominated states enact their version of vaccine requirements. 

Constitutional norms continue to be eroded by progressive judges legislating from the bench, governors using executive authority to push illiberal policy in non-democratic fashions, and Zuckerburg, Soros, and other billionaires flood races and counties to the tune of hundreds of millions of dollars. 

Conservatives have to date, failed to recognize the enormity of the attacks on American and Constitutional norms, let alone how to fight back. Yes, politicians with R’s by their names will be overwhelmingly successful in 2022 (assuming free and fair elections are allowed to pick the winners) but what kind of republicans will be elected. Electing more politicians like Mitch McConnell, Liz Cheney, and even so-called conservatives like Ted Cruz will only serve to further the erosion of our freedom with the poor facade of opposition we have come to expect from the republican party.

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