Every day, as Americans wake up, they check the news to see the latest statistics about the COVID-19 virus and find out what new restrictions have been placed upon them by Federal, State and local Governments. And every day the statistics get worse and the Government restrictions become more numerous and onerous.
Initially, there were suggestions about protecting yourself, then the closing of schools and public places, followed by restrictions on gathering, the closing of restaurants, pubs, spas, and theatres. Next came the lockdowns of people under the guise of “shelter in place”. Followed shortly thereafter by the orders to completely shut down all personal and business activities not approved by the State.
The question then becomes are there limits on these Government decrees or is the Government free to impose on its citizens whatever orders they desire under the umbrella of “Emergency Powers”? Currently, the answer from our political leaders seems to be they have acquired unlimited authority to demand, under punishment of Law, total submission from the People, who are now considered vassals of the State.
How is it that the People, who created limited national and local governments to protect their Inalienable Rights, have somehow become vassals under total control of the State? Our President, state Governors, and county/city officials are no longer just heads of the apparatus of Government, they seem to believe that under their assumed crown of Emergency Powers, they are absolute monarchs free to demand total submission to their edicts. Even if, as the Governor of California stated, “It requires the imposition of martial law.”
The Bill of Rights in the Colorado Constitution clearly states the following:
- All political power is vested in and derived from the People (Section 1)
- All persons have certain natural, essential and inalienable rights… (Section 3)
- The Right to assemble and petition (Section 24)
- The Right to Due Process of law. No person shall be deprived of life, liberty, or property without due process of law. (Section 25)
- The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the People. (Section 28)
The basic philosophy underlying these principles on which the state was founded is simple. The bedrock being that the People possessed certain Rights (e.g., Life, Liberty, Property, etc.) before Government was ever formed. And it was only because People had these Rights that they could come together to form a Government.
As a result, when the Federal and Colorado Constitutions were adopted, strict limits were put on the sphere of Government actions. The Rights of Individuals were left open and robust. It is unimaginable that the US Constitution or any state Constitution would ever have been ratified if anyone suspected they contained provisions allowing the Government or any apparatus of the State to seize total power over the People.
Applying that to today’s environment, no matter what the justification, it is impossible for Government officials to have absolute powers over citizens. Putting every citizen of Colorado under “house-arrest”, depriving them of the right of association, or making a living or operating their business is an absolute violation of our Rights.
So, no matter what our political leaders decree or the Courts acquiesce to, the People could never and have never agreed to giving absolute power to the State. And whatever prior precedent Government falsely claims they have, these claims do not bind us either in fact or conscience today.
So, some would say, “What would you have us do – sacrifice tens-of-thousands of lives for your Liberties?” or “These are special times, which require special sacrifices – your Liberties will be returned when this is over.” In reply, the answer is the Rights of the Individual are beyond Government to suspend. They are not just conveniences for everyday life – they are critical to it – and in times of crisis and emergency it is ever more critical to fight and protect them.
What to do then? The first thing is to recognize Government does not have the answers needed to solve this crisis. They narrowly focus on eliminating a virus, while at the same time ignoring how they are destroying the economy and crushing people’s lives, jobs and businesses through ill-conceived totalitarian dictates. This is a recipe for failure. Beyond that, when these measures fail there will be more dictates, laws, failed bailouts, special taxes and restrictions on every facet of life. All in the name of protecting the American people.
What, then, about a new model of action: A model whereby the Government remains limited and the Governor limits himself to the role of supreme executive of the State (Article 4, Section 2). A model of trusting the People of Colorado to come together and do what it is needed to fight this virus. That means Government limiting itself to its proper role, and when action is needed beyond that, sticking with acting as a coordinator and facilitator, while continuously and honestly providing people with facts, suggestions and recommendations for protecting themselves, their families and friends. A model of engaging small business owners and corporations and allowing them to determine the best way to protect and serve their customers and clients would lead to far superior results than Government shutdown of the economy.
The threat of the COVID-19 virus will not be over by the end of April.
The struggle to contain it may last for many more months. Success will depend upon the voluntary cooperation of the people of Colorado – not Government force, violence and coercion.
It’s time for the 2nd American Revolution