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“The Constitution is not suspended when the government declares a state of disaster.”

The insightful newshound Don Surber notes in  Hope for the future in this unconstitutional lockdown     Readers may recall a judge threw Shelley Luther in jail for seven days because she refused to apologize for re-opening her beauty shop — Salon à la Mode in Dallas — amid this unconstitutional and ineffective lockdown.

The governor and the Texas Supreme Court sprang her from jail after two days, and Ted Cruz got a haircut. End of story, right?

But Shelley Luther is not the only star in this farce. Blacklock wrote the majority opinion. He made it so simple, even I could understand it.

He began with a quote, “The Constitution is not suspended when the government declares a state of disaster.”

Then he crisply explained it.

Blacklock wrote,

“All government power in this country, no matter how well-intentioned, derives only from the state and federal constitutions. Government power cannot be exercised in conflict with these constitutions, even in a pandemic.

“In the weeks since American governments began taking emergency measures in response to the corona virus, the sovereign people of this country have graciously and peacefully endured a suspension of their civil liberties without precedent in our nation’s history. In some parts of the country, churches have been closed by government decree, although Texas is a welcome exception. Nearly everywhere, the First Amendment ‘right of the people to peaceably assemble’ has been suspended altogether. In many places, people are forbidden to leave their homes without a government-approved reason.Tens of millions can no longer earn a living because the government has declared their employers or their businesses ‘non-essential.’

“Any government that has made the grave decision to suspend the liberties of a free people during a health emergency should welcome the opportunity to demonstrate — both to its citizens and to the courts — that its chosen measures are absolutely necessary to combat a threat of overwhelming severity. The government should also be expected to demonstrate that less restrictive measures cannot adequately address the threat. Whether it is strict scrutiny or some other rigorous form of review, courts must identify and apply a legal standard by which to judge the constitutional validity of the government’s anti-virus actions. When the present crisis began, perhaps not enough was known about the virus to second-guess the worst-case projections motivating the lockdowns. As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it, continued burdens on constitutional liberties may not survive judicial scrutiny.

“Ideally, these debates would play out in the public square, not in courtrooms. No court should relish being asked to question the judgment of government officials who were elected to make difficult decisions in times such as these. However, when constitutional rights are at stake, courts cannot automatically defer to the judgments of other branches of government. When properly called upon, the judicial branch must not shrink from its duty to require the government’s anti-virus orders to comply with the Constitution and the law, no matter the circumstances.”


Comments on this entry are closed.

  • ghostsniper May 14, 2020, 1:11 PM

    Fire everybody, and the gov’t criminals that violated people’s natural rights should be dragged.

  • James ONeil May 14, 2020, 1:12 PM

    I quite agree, shout it from the rooftops!

  • DeAnn May 14, 2020, 1:16 PM

    Makes sense to me. Glad to see it – thanks!

  • Jack May 14, 2020, 2:17 PM

    Excited to see this and it’s long over due.

  • oldtimer505 May 14, 2020, 2:53 PM

    I salute Texas for following our Constitution. Here in michigan it is another story. Not only that but michigan has the support of most of the large retailers as well. Menards being one of the most aggressive retailers in support of these illegal policies.

  • Terry May 14, 2020, 5:10 PM

    It should be crystal clear to any free person that we have gone past the time to get very serious about defending what rights we have been endowed with and get serious about defending those rights. We have the numbers, they do not and are ripe for some serious civil disobedience in display of our anger.

    How much longer until serious shortages begin occurring. These government creeps (state, local and federal included) are laughing at you and me. Smug bastards with no understanding that they have placed themselves as destroyers of our State and Federal Constitutions and will be destroyed in the coming revolts.

    An enraged populace is brewing. Dangerous times coming.

  • Snakepit Kansas May 14, 2020, 6:02 PM

    I think Terry is right. IRS, Justice Dept., FBI, CIA and more are politicized. All this investigation into Trump or his staff, hoping to find something, anything. If you search long enough you might find something, but they did not, so instead of an outright crime they try to charge with process crimes or make some shit up like the complete Russia collusion hoax. Schiff is a lying POS and traitor. How that crap weasel can even look at itself in the mirror is beyond me, and I am not a judging man. Obstruction of justice, lying to the FBI. What might be found on you and I if someone tells the story enough, finds a sympathetic judge or jury? What endless investigations, leaks and lies would be told if the Commie Dems get the President’s tax returns? It would never end, probably not even after he is out of office. What about us common folks here at American Digest? When do us free thinkers become targeted because we are full of “hate speech”. Wouldn’t be too hard for the Gubmint to find out who we really are and suddenly have an IRS audit. Oh! Let’s take a look at Ghost’s past 30 years of tax returns for his private business! How accurate are Casey’s claims of dollars on painting sales? Income tax evasion? Maybe someone doesn’t like my political correct opinion and I suddenly get my security clearance revoked, and lose my job.

    I don’t think any one of us would want an endless investigation into our past looking for the slightest and subjective misdeed. How many of us have the finances to ward off a Gubmint funded charge? Not me for one. They financially ruined Flynn, who probably wasn’t poor.

    Crooks like Brennan, Clapper, Comey, Strozk, McCabe, Clinton(s), Biden(s), etc. can only push so far. You are not going to boil this frog.

  • Joe Krill May 14, 2020, 10:07 PM

    This article should be required reading for every cop in America.

  • H May 15, 2020, 5:32 AM

    Worse than that, Snakepit. They were making crap up during their “investigation” just to make sure they got ’em. They would have picked up a rock with their teeth if they thought something incriminating was under it.

    “Show me the man and I’ll find you the crime” Beria.

  • Roscoe R May 15, 2020, 9:50 AM

    The reason she was jailed was because she would not grovel and apologize to him and the other government gods. He told her she could walk out without a day in jail if she would say she was wrong and apologize. As the Lt Gov said “Who the hell does he think he is?”

  • ghostsniper May 15, 2020, 2:51 PM

    Roscoe sed: “The reason she was jailed was because she…”

    Because she lives in a place where criminality rules supreme and she failed to understand that and gauge her behavior accordingly. Look waaaay ahead for trouble then steer yourself around it. That’s getting harder to do all the time because the amount of criminals in the US is growing exponentially.