In an 4 August Open Forum, Richard Davis repeatedly asserted that governor's orders to combat the spread of coronavirus "clearly violate the Constitution," and that the Founding Fathers neither supported nor issued similar edicts. We have all heard these arguments lately, but they are simply factually wrong.

While the Constitution nowhere addresses these issues, the Supreme Court has repeatedly and consistently upheld the state's power to make and enforce such laws. (for example, Gibbons v Ogden, 1824). They have also upheld federal authority on this under the Commerce Clause. These powers include quarantine, forced isolation, restriction of travel, preventing congregation, including places of worship, and even mandatory vaccinations, (to say nothing of masks). The Court has ruled that these laws do not infringe people's liberties.

Washington, Adams, Jefferson, and Franklin, among others, all supported government power to quarantine and isolate. John Adams signed such a law in 1799, and Washington ordered his troops inoculated against smallpox.

Finally, Mr. Davis urges us to support law enforcement officer's decisions to not enforce those orders, and cites their oath to uphold the Constitution. Based on history and clear legal precedent, it is actually a violation of those officer's oaths to not enforce coronavirus orders.

Orders to wear a mask, socially distance, and avoid congregation are not political or "rights issues" (the Constitution and the Court agree). They are simply the hard science of infection control.

Mr. Davis, you are entitled to your own opinions, but you are not entitled to your own facts.

Erich Bruhn

Winchester

(6) comments

Doc Samson

Data from actual studies done by REAL scientists - https://c19study.com/

Conservative

You can still opt out of vaccinations citing religious reasons. If you are to afraid to catch the wuhan flu, then don't go out. Masks aren't going to do you any good. The chinese have worn masks for years because they are fouling their air with tons of pollution. They don't care about the rest of the world, so why should we care about them?

GreatScott

Except the founders never envisioned political hacks like Northman and Cuomo using it as a way to control people for extended periods of time. Almost all "emergencey powers" were meant to be for very, very short periods, not several months with no end in sight. Also, the evidence is growing that masks simply do NOT work. For example, in 2019 WHO published a true, real scientific study of clothe masks. The study concluded that clothe mask wearing did NOT stop the spread of the virus. If mask wearing really worked, then the virus would have been contained in China since that society has had to wear masks in public for years. The spread in China, across the world, and across states with the most severe restrictions, such as California, basically proves that masks do not work. In fact, there is some evidence that they contribute to the spread due to people touching them and contaminating their hands. Somehow, we have made masks the king and have forgotten that that hands are as important.

Doc Samson

@GreatScott - Sorry, only pro-China science is allowed by our Leftist media. Any other sources, theories, and/or opinions must be mocked and denigrated because that's how science works!

hagansan

You bet yer grandma

Spock Here

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