On Friday, The American Thinker posted an article about New York State Bill A416, which would provide amazing power to the Governor of New York and members of the administrative state.
The article reports:
In roughly three weeks, the New York state legislature will vote on Bill A416, which will give the New York governor (in this case, the power-mad Kathy Hochul), as well as the governor’s delegates (i.e., New York’s administrative state) the power to indefinitely detain anyone the governor or her agencies deem a “significant threat to public health.” Despite the broad power states have, this violates the Constitution. At a practical level, it should scare the pants off every American.
There is absolutely no doubt that, under our Constitution, the states have powers that the federal government lacks. The federal government is explicitly a creature of very limited powers, while the Tenth Amendment makes it clear that those limited powers not reserved to the federal government belong to the state “or to the people.”
The Tenth Amendment, however, does not mean that states can play the dictator. Indeed, since the Civil War, states have been subject to the same constraints as the federal government when it comes to using its police power over the people within its borders. Thus, the second sentence in the Fourteenth Amendment states explicitly that
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Among the privileges Americans have is a pivotal one in the Fifth Amendment assuring us that “No person shall…be deprived of life, liberty, or property, without due process of law….” That deprivation is precisely what New York state contemplates.
The article notes:
No matter the language in the bill, given that the New York governor has the uncontested power to declare a health emergency, people are at risk. If you’re wondering what that looks like, look to Victoria, in Australia. There, people are locked up in concentration camps for the mere suspicion of having COVID.
And again, it cannot be said often enough that this is a disease with an average mortality rate hovering around 1% (a rate that could be even lower if people were allowed treatment with Ivermectin or Hydroxychloroquine early in their diagnosis). By way of contrast, this is not AIDS, which entered the West with a 100% mortality rate but never resulted in such a draconian response.
If we don’t wake up and stand up quickly, we will lose our freedom and our country.