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The Constitution, Individual Rights, and COVID-19 Restrictions

How Covid-19 has affected individual freedom

Between January 1, 2020 and June 3, 2020 (two days ago), there have been 6,661,985 cases of Covid-19 resulting in 391,001 deaths worldwide. During that same time period, more people have died from numerous other causes, including childbirth (1,357,688), suicide (360,526), and HIV (870,723). The United States had 1,896,172 cases of Covid-19 and 108,882 deaths (World Life Expectancy). The enemies of individualism, true to their customary procedure of never letting a good crisis go to waste, fully intend to take advantage of this disease to further their control and globalist agenda. Once any government seizes additional powers, legally or not, they are rarely willing to give them up. That is one of the lessons of history that we all seem willing to ignore.  

Even though the vast majority of North Carolina cases and deaths have been in more heavily populated counties well east of our rural mountain counties, Governor Roy Cooper imposed a one-sized fits all plan, initially to enact oppressive state-wide restrictions and now to reopen the state for normal business and personal activity with an unreasonable delay (“Safer at Home – Phase 2“).  In similar fashion, numerous other governors have used Covid-19 as an excuse to ignore medical facts and common sense to impose overly strict control of all citizens in direct contradiction of their constitutional rights.

This course of action is detrimental to the economic and psychological health of our citizens and does not provide any additional protection for those who are most vulnerable.

The lives and livelihoods of over 30 million Americans have been sacrificed, at least temporarily and maybe permanently, by harsh and tyrannical restrictions forced on us by a team of government physicians, most of whom have never practiced medicine in a clinical office setting.  Like so many government bureaucrats, their prophesies of death and disease are derived from flawed computer models based on inaccurate data that are guaranteed to predict the most extremely adverse outcome. 

As is so often the case, the perpetrators and supporters of these abusive edicts exhibit the expected hypocrisy characteristic of those in power.  The financial and lifestyle sacrifices demanded of our citizens are supported and vigorously promoted by bureaucrats, media personalities, professional politicians, corporate fat cats, and the wealthy elite.  These are people with money to burn or guaranteed incomes who don’t rely on a weekly paycheck to provide for themselves and their families and whose arrogance and contempt for the people is on full display.    

Drive Thru Church

Our Constitution applies to all government, federal, state, and local, and is required to secure and protect the Natural Law Rights of every individual regardless of a citizen’s state of residence.  The First Amendment specifically protects the free expression of religion, yet a Supreme Court decision this past week allowed states to restrict participation in church services.  The Fifth Amendment does not allow the government to deprive the citizens of life, liberty, or property without due process of law.  Imposing involuntary house arrest on healthy people, deciding what businesses are essential, forcing closure of businesses arbitrarily deemed “non-essential”, travel prohibitions, arrests for social and religious gathering, restrictions on what items can be sold in selected stores, and the use of SWAT teams to enforce these dictatorial rules does not comply with this constitutional guarantee.

Members of the American Association of Physicians and Surgeons, a non-partisan professional association of physicians in all types of practices and specialties across the country, sent a letter to Vice President Pence (AAPS Physician Letter: Reopen America) outlining “concepts based on observable fact and a healthy dose of common sense” relating to the Covid-19 epidemic.

  1. We want to bring hope to the people of this country and restore confidence that we can safely live in community with each other again and truly live life without fear.   This virus is survivable by greater than 99% of those infected.
  2. The overwhelming majority of those infected, perhaps 80%, have no symptoms or mild symptoms at most.[4]. 
  3. We now know that a well-defined subset of the population is vulnerable to severe illness or death by COVID 19.  Our resources should be aimed at protecting and promptly treating these persons without condemning them to prolonged isolation from the love and comfort of their families and friends.
  4. The media is terrifying people, creating crippling fear that has drained the life out of our society.  Suicide hotlines have been overwhelmed with calls. 
  5. Public Health officials and administrators have been interfering with medical decision-making. Some elected officials and state boards have prevented the use of safe and FDA approved medications in the treatment of COVID-19. Physicians are also pressured to count deaths in a way that inflates the true infection fatality rate. 
  6. Treating this disease early will prevent hospitalizations and encourage those who are fearful.  Mounting evidence supports the use of safe, inexpensive, and readily available medicines and vitamin and mineral supplementation as well as newer treatment in development.
  7. Many counties have been subjected to senseless suffering due to the broad centralized approach of state governments. As of May 11, 50% of US counties have ZERO deaths, 63% (1,996) of all counties have no more than ONE death each.[5][6]. 
  8. Natural widespread immunity can be achieved safely without waiting for a vaccine. Contracting mild and largely survivable diseases is a natural process of building immunity and strengthens our communities. 
  9. It is imperative that the public schools be opened on schedule this fall. The educational, psychological, and social impact of sheltering at home has been devastating.
  10. Mass testing of citizens should not be used to create policy that restricts an individual’s livelihood and freedom to participate in society, and absolutely should not be used to threaten businesses and counties with repeated closure.  We oppose heavy-handed surveillance, scapegoating of individuals, and neighborhood snitch programs.

In a free society, individuals own their own bodies and have the right to make decisions about their own lives.  Those who do not want to incur the risk of illness or possible death from Covid-19 are welcome to remain at home.  The rest of us should be allowed to carry on with our lives, accepting whatever risks that entails.  As American citizens, those are our Natural Law and Constitutional rights. 

True leaders are guided by what is wise and prudent, but also by what is morally right.  The constitutional rights of the people cannot be arbitrarily amended or ignored.  Without our concerted and unified opposition, government will continue its relentless course down the road to collectivist dictatorship.

There is no justification for taking away individuals’ freedom in the guise of public safety.
~ Thomas Jefferson

If you want total security, go to prison.  There you’re fed, clothed, given medical care, and so on.  The only thing lacking is freedom.
~ Dwight Eisenhower

The restrictions placed on our country are draconian, unconstitutional, harmful, arbitrary, unsustainable, and not based on either sound medical facts or common sense.  They must be removed.

Resist Tyranny !


Robert Levy

Dr. Dan’s guest on Freedom Forum Radio this weekend is Bob Levy, Chairman of the Board of Directors of the Cato Institute.  Bob has been a frequent guest on Freedom Forum Radio sharing his expertise on the U.S. Constitution and its practical application in law and government.

In this interview, Dr. Dan and Bob will discuss the constitutionality, legality, and impact the COVID-19 lock-down restrictions have had on individual liberty and our economy.

Part one of this three-part interview begins this weekend, Saturday and Sunday, June 6-7, on WJRB 95.1 FM and streamed live over the Internet. Part two airs Saturday and Sunday, June 13-14, and part three airs Saturday and Sunday, June 20-21.  All programs are available by podcast following air time here.

Bob Levy joined Cato as senior fellow in constitutional studies in 1997 after 25 years in business. In 1966, Levy founded CDA Investment Technologies, a major provider of investment information and software and served as CEO until 1991.

He then attended George Mason School of Law, where he was chief articles editor of the law review and class valedictorian. Levy received his JD in 1994. The next two years he clerked for Judge Royce C. Lamberth on the U.S. District Court in Washington, D.C., and for Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit. From 1997 until 2004 Levy was an adjunct professor of law at Georgetown University.

His writing has appeared in the New York Times, Wall Street Journal, USA Today, Washington Post, National Review, and many other publications. Levy has also discussed public policy on national radio and TV programs, including ABC’s Nightline, Fox’s The O’Reilly Factor, PBS’s Newshour, and NBC’s Today Show.

His latest book is The Dirty Dozen: How 12 Supreme Court Cases Radically Expanded Government and Eroded Freedom.

Levy served as co-counsel in District of Columbia v. Heller, the successful Supreme Court challenge to Washington, D.C.’s, gun ban. 

All programs are available by podcast following airtime here.

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