I am interested in Constitutional arguments AGAINST the States‘ authority to implement Lockdowns. The best I have found thus far are the articles by Judge Nap, but I would like to review more. When one does a Google search for Constitution + Lockdown, 95% of the articles that pop up FAVOR the States power to implement lockdowns.
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check out The Mark Meckler Show podcast: Virus Response Vs. The Constitution. With Guest Robert Natelson.
Tue, 07 Apr 2020
Great! Thanks I will
Check out National Emergency Act. Here is the Act Trump used https://www.forbes.com/sites/sergeiklebnikov/2020/03/13/trump-declares-a-national-emergency-under-the-stafford-act-heres-what-that-actually-allows-him-to-do/#12b87eea5c48
14th amendment:
"...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...."
So..
Life, deprived of those who are denied medical care because they don't have Covid while hospitals remain quiet and medical staff are laid off.
Liberty, deprived of the citizens who are essentially all on house arrest after committing no crime.
Property, deprived of those who cannot work through no fault of their own as a result of the lockdowns.
Will, Google is basically no good anymore, they have an agenda and control what you see. We have to find another way to communicate besides, Twitter, Google, Youtube (google). Some group must stand up out there for real freedom of speech whether you like it or not.
Parlar
I switched to Duck Duck Go for searches.
Someone is you, your neighbor, and the men and women across America who have courage. The cowards will never get off their knees. Don't wait for someone else to do it, LEAD. Don't wait for someone else to resist tyranny, LEAD.
Even if it is just a small group, or even if it is just yourself standing alone. LEAD BY EXAMPLE. You'd be surprised at how infectious courage can be once it is shown in a principled, determined way.
I would love to, however my background is accounting not computer software or web design. But I would be glad to help where I could.
OMG did you miss the point. Read this post that hopefully will make it clear that ACTION is needed, not words. https://www.openthestates.com/forum/general-discussion/wickenburg-tyranny
I don't think a document written in 1787 would prepare for something like this. There are people dying it's that more important?
No... The answer to how to respond to the virus is in the Constitution. If we permit our natural rights to be suspended during time of fear then we as a country are done.
Once you have done that you will come to appreciate what a MIRACLE it is that we even have a country. It is by divine providence that we won the Revolution, and a miracle that so many men from different backgrounds were able to come up with a document like our Constitution. Once you come to appreciate that, you will understand what American Exceptionalism is all about, and you will come to love our Country, as we do.
Spooner states the importance of the 9th Amendment to the American Constitution which protects the natural rights of the people not enumerated in the 1st 8 Amendments (1886)
Lysander Spooner (1808-1887) points out the importance of the 9th Amendment to the American Constitution in protecting the natural rights of the people not enumerated in the first 8 amendments. He laments the fact that this amendment has been ignored by the courts almost since it was enacted:
But perhaps the most absolute proof that our national lawmakers and judges are as regardless of all constitutional, as they are of all natural, law, and that their statutes and decisions are as destitute of all constitutional, as they are of all natural, authority, is to be found in the fact that these lawmakers and judges have trampled upon, and utterly ignored, certain amendments to the constitution, which had been adopted, and (constitutionally speaking) become authoritative, as early as 1791; only two years after the government went into operation. … Then followed the ninth amendment, in these words: The enumeration in the constitution, of certain rights, [retained by the people] shall not be construed to deny or disparage others retained by the people. Here is an authoritative declaration, that “the people” have “other rights” than those specially “enumerated in the constitution”; and that these “other rights” were “retained by the people”; that is, that congress should have no power to infringe them… Now, if congress and the courts had attempted to obey this amendment, as they were constitutionally bound to do, they would soon have found that they had really no lawmaking power whatever left to them; because they would have found that they could make no law at all, of their own invention, that would not violate men’s natural rights. https://oll.libertyfund.org/quote/276
Have you tried research the historical period before the American Civil War where the original debate over states rights occurred. It has been my understanding that states rights were null and void since the war ended. It did in the south for twelve years during Reconstruction. It has gotten worse with every progressive program that has come down the pike because federal money is used to entice the states to go along.
I presume you mean postwar the 10th amendment IN PRACTICE was null and void IN THE SOUTH. That brings up an entire debate about secession, slavery, and several other COTUS related issues.
You might enjoy this link: http://www.renewamerica.com/columns/huldah
Publius Huldah writes extensively detailed articles about states rights, constitutional issues, etc. Well worth checking out the whole site.
I've read the balanced budget amendments and they are pure BS. Why are term limits the answer? Why not mandatory prosecution for violation of the Oath of Office? Why not establish a special branch of government for "constitutional oversight" or some such nonsense?
You said it yourself: "we need to reign in the federal government to within in (sic) enumerated powers". This implies they are violating the Constitution...ignoring the law. So, one more time...WHY WOULD MORE LAWS THEY WILL IGNORE DO ANY GOOD?
IT WON'T. The only thing that will help is if Americans stand up and just refuse to comply with all of the crap coming from washington, and their capitols, everywhere, that is unconstitutional. We must take the opportunity the chinavirus has given us and take our country back.
I'm done on this subject. People either get it or they don't. And this is why it is important to know that this entire website is sponsored (paid for) by the Convention of States project.
Please see my downloaded pdf file on the general forum of the constitution
Declaration and U. S. Constitution with Amendments
eBooks here for iPhone, Android, and tablets
https://wiki.conventionofstates.com/doku.php?id=ebook:ebooks#declaration_and_u_s_constitution_with_amendments