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Ben Swann: As Governors and Mayors across the country are instituting "Stay at Home" Orders, there are big questions surrounding how parts of the government may be taking advantage of the coronavirus outbreak in violation of 1st, 2nd and 4th amendment rights of Americans.
"In the US, serious questions about the legality and Constitutionality of the extreme emergency powers being invoked are emerging.
As a constitutional republic, elected officials have an obligation to uphold the civil liberties and constitutional rights of its citizens, as well as the public’s health. These can not be sacrificed or exchanged for one another. Mandatory government quarantines and/or indefinite detainment without due process violate our Constitutionally protected civil liberties. Not only will this order put many thousands out of work, but it violates 1) the Contracts Clause of the Constitution which prohibits the states from interfering with lawful contracts, such as leases and employment agreements. 2) the Due Process Clause of the Fourteenth Amendment prohibits the states from interfering with life, liberty or property without a trial at which the state must prove fault. 3) The Takings Clause of the Fifth Amendment requires just compensation when the state meaningfully interferes with an owner’s chosen lawful use of his property. 4) The protection in the First Amendment of the right to associate and the judicially recognized right to travel – both of which are natural rights. As described by Judge Neopalitano, “Taken together, these clauses reveal the significant protections of private property in the Constitution itself. Add to this the threat of punishment that has accompanied these decrees and the fact that they are executive decrees, not legislation, and one can see the paramount rejection of basic democratic and constitutional principles in the minds and words and deeds of those who have perpetrated them.”
Consider with me for a moment that these emergency powers allow for the detainment of anyone on mere suspicion of exposure to someone tested positive, or suspected to be positive is a civil rights violation. On March 22nd, it was reported that the Justice Department secretly asked Congress for the ability to ask chief judges to detain people indefinitely without trial during emergencies. Anyone who cares about their basic human, parental, and civil rights, should be concerned about these developments, in my opinion.
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