We are in the midst of a major health crisis. We need to be intelligent in handling this crisis. However, we also need to remember that our Constitution applies in ALL situations–crisis or not. Unfortunately some of our elected leaders have forgotten that.
The Federalist posted an article today about some of our elected leaders who have chosen to ignore the Constitution in dealing with the coronavirus.
The article reports:
The most egregious example of this outpouring of authoritarianism was an attempt by Louisville, Kentucky, Mayor Greg Fischer to ban drive-in church services on Easter. On Holy Thursday, one day before Christians were to begin their most important religious celebrations of the year, Fischer declared that drive-in Easter services would be illegal.
To remove all doubt about his seriousness, he also threatened arrest and criminal penalties for anyone who dared violate his order, and in an Orwellian twist, invited people to snitch on their fellow citizens. Fischer justified this by saying it was “to save lives.”
Thankfully, a federal judge made short work of the mayor’s idiotic power-grab, issuing a temporary restraining order against the city of Louisville on Saturday, writing so as to remove all doubt, “The Mayor’s decision is stunning. And it is, ‘beyond all reason,’ unconstitutional.”
There are other examples of this overreach:
…That’s a good start, but the targeting of churches, while undoubtedly the most offensive overreach by state and local governments, is hardly the only instance of government gone wild. In Michigan, Gov. Gretchen Whitmer has taken it upon herself to declare what items are and are not “essential,” dictating to grocery stores what they can and cannot sell as part of a sweeping order issued Friday.
Among the nonessential, and therefore banned, items are fruit and vegetable plants and seeds. Never mind that growing fruits and vegetables at home right now would help maintain social distancing during the pandemic, the governor has spoken and her word is law. (Lottery tickets, on the other hand, are still permitted.)
Beyond the fruit and vegetable ban, the governor’s order is an object lesson in the absurdity and inconsistency of arbitrary power and rule by fiat. Michiganders are banned from traveling “between residences” if they own a cottage or a summer home, but the ban only applies to Michigan residents, so an out-of-stater with a cottage in the Upper Peninsula could presumably still visit. The ban also still allows travel between states, so if a Michigander has a cottage in Wisconsin or Ohio, he can travel without fear of being arrested or fined by state police.
The article concludes:
Why did Whitmer tailor her order this way? Probably because she knows she has no authority to ban travel between states, or issue orders to Americans generally—no more than a mayor has the authority to shut down drive-in Easter services in his city.
That these officials need to be reminded of that, and in some cases restrained by federal judges, bodes very ill for America. Now more than ever, we need leaders who don’t just care about protecting us from the pandemic, but also care about preserving liberty in a time of crisis.
When we vote in November, we need to remember who was willing to abide by the Constitution and who used the coronavirus as an excuse for a power trip.