Liberty. Constitutional rights. Both important facets of American life. We have treasured both for over 240 years. We have endured epidemics, wars and many other crisis events and not lost either. So, what’s different today?
Many of my friends have begun protesting about the loss of liberty and their Constitutional rights in the face of the COVID19 epidemic. If I understand them correctly, this loss of liberty and rights comes as a response to the stay-at-home orders and other measures instituted around the country in response to the pandemic we now face. If I’m not understanding this correctly, I would invite my friends to respectfully and in a civil way tell me what I am missing.
I did a little research for this post because I wanted to make sure that I was well-informed and factual. I’m guessing the Constitutional rights they are speaking about are the Bill of Rights – the first 10 amendments to our Constitution. I’m also thinking they are mainly upset about the stay-at-home orders, unless I am mistaken.
Amendment 1 guarantees specific freedoms: 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. This generally interpreted as: The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.
I am guessing that the right they are specifically addressing is the right to assemble. How has this been taken away? I just watched a protest in Michigan regarding the governor’s stay-at-home order – there were hundreds of people there blocking traffic around the state capital. There were state troopers and Lansing PD offices there as well. Nobody was being prevented from protesting and as far as I watched, nobody was arrested or detained. The protest is called “Operation Gridlock.” I found this little tidbit today as I researched “protests against stay-at-home orders”: Between March 16 and March 25, the governors of Kentucky, South Dakota and West Virginia all signed laws designating oil and gas pipelines and facilities "critical" or "key" infrastructure and imposing new penalties for anyone caught tampering with them. The push to criminalize anti-fossil fuel protests predates the coronavirus pandemic, however, and is part of a broader conservative movement to pass legislation that makes civil disobedience more difficult. Since 2015, bills have been introduced that target particular movement tactics like boycotts, strikes and traffic blockage and increase the penalties for already-illegal activities. In the case of anti-pipeline protests, the laws have sold themselves as protecting "critical infrastructure.”
§ These bills are not limited to Kentucky, South Dakota and West Virginia. Another passed the Alabama Senate in March, and similar legislation has been introduced in Illinois, Minnesota, Mississippi, Ohio and Pennsylvania.
§ I find this very contradictory. People are upset because they have been told to stay at home for their and others’ protection but have no problem with oil companies lobbying legislators in three states (and more) to stop oil and gas pipeline protests?
§ If the protestors in Michigan are able to take to the streets, in apparent defiance to the governor’s order, how is their right to assemble being deprived?
§ Where’s the uproar and concern for these types of legislative actions taken since 2015? Why is the concern only limited to what is being done in response to the pandemic? Clearly these bills are protected under Amendment 10, right?
Amendment 2 is the right to bear arms. As far as I know the stay-at-home orders have not infringed on that.
Amendment 3 regards the quartering of troops – again no infringement that I am aware of. Nobody has been told that they will house troops in their homes against their will.
Amendment 4 regards search and seizure. No infringement.
Amendments 5, 6, 7 and 8 are about due process, courts and lawsuits. Again, no infringement that I can see.
Amendment 9 talks about unenumerated rights – rights not specifically guaranteed by the Constitution will be retained by the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The Ninth Amendment shows a belief of the Constitution’s authors that fundamental rights exist that are not expressly enumerated in the first eight amendments and an intent that the list of rights included there not be deemed exhaustive.
§ Unenumerated rights – by definition those are rights not specifically mentioned in the Constitution. What unenumerated rights are being referred to that are being taken away by the stay-at-home orders?
Amendment 10: powers reserved to states. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so too has the problem of reconciling state and national interests as they apply to the Federal powers to tax, to police, and to regulations such as wage and hour laws, disclosure of personal information in recordkeeping systems, and laws related to strip-mining.
§ Again, I ask – which of these Constitutional rights in the 10th amendment is being infringed upon by the stay-at-home orders? I’ve seen some reports that people have been arrested (Brighton, CO) for violating social distancing and/or stay-at-home orders but these arrests have been from local PD’s and not federal entities. Taxation has not changed. Wage and hour laws have not changed. Disclosure of personal information and laws relating to strip-mining have not changed in response to stay-at-home orders.
§ Again – one more time – which of these rights in the 10th amendment have been infringed upon?
Again, I am making some assumptions about what “rights” my friends are referring to. The first 10 amendments to the Constitution are generally what most people refer to when they talk about “right’s violations” or “losing their rights.” The right to bear arms has a huge disconnect in this country right now, but I don’t see the stay-at-home orders infringing on those.
One of my friends and his wife take their motorcycles out on rides all around this state, and got take-out Olive Garden for dinner. He even makes visits to Starbucks with his coffee-addicted dog J. Those activities have not stopped even with the stay-at-home order – so what rights have been infringed upon?
Maybe I am not seeing the whole picture – probably true. Maybe I am oversimplifying the issue. Also, probably true.
I just don’t see how your rights overcome the health and well-being of your neighbors, your families, my family, my personal health. COVID-19 is a bad one. We will overcome it. Just like we did with H1N1 and the Spanish Flu. But it will take time. And social distancing. I’m not saying you have to hunker down in your house with your 22 pistols and 16 rifles. I’m saying use some common sense and go out when you need to go out. The motorcycle trips are peaceful and relaxing for my friend – take them! I don’t think nor would I support you being arrested. I would support you using common sense – practice social distancing, wash your hands, etc. – but I don’t see your freedoms and rights being infringed upon.
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