During the last several months, we have seen our country moving away from the liberties guaranteed in the Constitution. This has been the result of the coronavirus pandemic, where local police are being called to enforce proclamations that have no basis in law from governors who are acting like tyrannical monarchs .
A main point in the FEDERALIST PAPERS is when a law is passed that violates the Constitution, it is null and void and has no effect. While the government can recommend certain actions by the citizens it may not order them to comply with these proclamations that clearly violate the Constitution.
Alexander Hamilton wrote in the Federalist #78, “No legislative act, therefore, contrary to the constitution, can be valid. To deny this, would begin to affirm that the deputy is greater than his principal, and that the representatives of the people are superior to the people themselves.”
Lately, we are seeing more and more Americans questioning the “right” of their officials to enforce control over people in relation to the right to assemble and quarantine. This is causing strain between the local officers and the communities in which they serve.
Our Founders had to deal with epidemics like the yellow fever outbreak of 1793. However, our Founders in their response to these epidemics did not issue any decrees which would infringe upon the rights of the people. This does not at all compare today's trampling of our rights and liberties.
Law enforcement officers swear an oath not only to their state constitution but to the Federal constitution. Article VI of the federal Constitution states in part ...”shall be bound by oath or affirmation, to support this Constitution ...” It is truly unfortunate that a few ever read the document to see just what it is they are swearing to uphold. However, there are many officers that are still believing their oath and are following the Constitution and are refusing to comply with orders to enforce any unconstitutional coronavirus edicts.
It is absolutely necessary that we do all that we can to inform members of our local police of the provisions in the Bill of Rights and how the violations of these rights by local police can do great harm.
As more officers stand up to these unconstitutional forces of law, we also need to continue to inform our fellow patriots on the importance of supporting our local police and keeping them independent. If not, we are heading down the road to a nationalized police system and eventually the use of brute force that we have seen in various despotic socialist/communist countries.
It is also necessary to mention that in certain cities and states around this nation, the governors and mayors are waiting for the intervention of federal law enforcement knowing that the lack of knowledge of the Constitution is on their side.
Richard D. Davis is a resident of Winchester.