Thanks as always to The Other McCain, Pirate’s Cove and Bacon Time for the Rule Five links!
So apparently the various despots, lickspittles and mendicants at various levels of government are planning another series of Kung Flu lockdowns. In some places even family gatherings are being restricted to ten people or less. Churches are being shuttered.
Here’s the problem. No one, not any elected or appointed official, at any level of government, has the authority to do this. No President, no Governor, no state legislature, no state or local health officials, nobody, nowhere, in this country, has any authority to order these lockdowns. Why? Here’s why:
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.
No law means no fucking law.
A good friend and fellow Glibertarian recently described a tactic to take in a hypothetical court challenge:
*Puts constitution on desk, spins it around and stabs finger on “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.”
“Pay special attention to ‘Congress shall make no law…prohibiting…the right of the people to peaceably assemble. They can assemble for religious, economic or personal reasons. You see your honor, they don’t have the power to do this”
Judge – “They have been granted emergency powers by law, so yeah, they can.”
“OK, so you are saying the legislature made a law that they are specifically forbidden to make and that is why they get to do what they want? What are you? A fourteen year old sociopath? Did you go to law school?..Yeah? At this ‘school’ did they have any books? Yeah? Did you read any of them? Ahhh, now I am being cited for contempt because I am seeking to petition the Government for a redress of grievances. Imagine that.”
America needs more assholes in the citizenry and fewer in government.
I really can’t add anything to that.
