America is built on the idea of freedom. Minimal government interference in lives. A sense that individuals can pursue their own dreams.
Times of crisis put a crimp in this. War times means a draft, for example. A pandemic also tests the system.
Many of the U.S. deaths stem from the fact that the Federal government really has limited power to shut things down. The President's power is quite limited in this regard. Governors have more say, but the courts are the final arbiters of what can and cannot be done.
Behold a recent ruling in the Third Circuit Court as transmitted to me by a friend:
"The Court closes this opinion as it began, by recognizing the Defendants’ actions at issue here were undertaken with the good intention of addressing a public health emergency. But even in an emergency, the authority of government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms – in place when times are good but able to be cast aside in times of trouble. There is no question that the Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The Constitution cannot accept the concept of a “new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by the Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional. Thus, consistent with the reasons set forth above, the Court will enter the judgment in favor of Plaintiffs."
America is built on the idea of freedom. Minimal government interference in lives. A sense that individuals can pursue their own dreams.
ReplyDeleteTimes of crisis put a crimp in this. War times means a draft, for example. A pandemic also tests the system.
Many of the U.S. deaths stem from the fact that the Federal government really has limited power to shut things down. The President's power is quite limited in this regard. Governors have more say, but the courts are the final arbiters of what can and cannot be done.
Behold a recent ruling in the Third Circuit Court as transmitted to me by a friend:
"The Court closes this opinion as it began, by recognizing the Defendants’ actions at issue here were undertaken with the good intention of addressing a public health emergency. But even in an emergency, the authority of government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms – in place when times are good but able to be cast aside in times of trouble. There is no question that the Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The Constitution cannot accept the concept of a “new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by the Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional. Thus, consistent with the reasons set forth above, the Court will enter the judgment in favor of Plaintiffs."