Diane Sori
by on May 11, 2020
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By: Diane Sori / The Patriot Factor / Right Side Patriots on Right Side Patriots Radio
The CDC called our country's shutdown a rightful and legitimate response to the COVID-19 worldwide pandemic, but I say no matter its legitimacy or not that it has now reached the point where “We the People” should call what said response really was, and still is to some degree, as in forced upon us undeclared martial law. How so...because a dangerous legal precedent has now been set what with governors, county mayors, and even local city officials not only thinking that their will supercedes both the Constitution and federal law, but actually are taking steps to make it appear so.
Now add in how said response...as in the originally issued “shut it all down” federal mandate...led to the still ongoing questioning as to what are and are not legally given presidential powers during a time of national crisis, along with how decisions made negatively impacted not only our country's economy but “We the People's” constitutional rights and what's considered to be American societal norms. And lest we forget that during this “shut it all down,” “stay-at-home” time...a time where if you dared venture out you best be wearing both a mask and disposable gloves lest you be publicly shunned or worse, as in being denied entrance into what are public venues...also remember that the government itself basically was and still is non-functioning what with Congress, the Supreme Court, and the criminal justice system being shutdown as well.
And by the way...all these government folks continue to receive their just raised paychecks while most of America's workforce have no jobs to go to as both private and public businesses...as both large and small businesses...were forced to close their doors, thus rendering the employer and the employees true victims of COVID-19's economic fallout.
So even while some businesses are starting to slowly reopen as some states finally begin relaxing their “stay-at-home” restrictions, those reopening businesses have been told they must follow the social distancing rules or they will again be forced to shut down. And all this is happening while the Democrats continue to jump for joy as their hoped for new American norm continues to take shape...a norm where Big Brother has not only been sanctioned to watch where you go and who you see, but actually now has started dictating what you can and cannot do, and where specifically you can and cannot go.
And for the most part “We the People” are left to sit idly by as we watch our constitutionally given freedoms and rights simply eroding away. And for some folks in major American cities it's even worse as they are being told by their local powers that be to “rat out” their neighbors if they are seen or caught breaking the still in effect social distancing rules. It's for the betterment of the whole they're being told just as the rest of us are being told that America's new poling places might well become either the U.S. mailbox or easily hacked into and manipulated vote-on-line internet sites...that is if Nancy Pelosi and her ilk have their way.
And all this, we're collectively told, is being done in the name of protecting the American public's health and safety...but we're not being told that by our president but by governors and local mayors who think they have the power to hold sway not only over the president of these United States but over the entirety of their state's population as well. And this led President Trump to declare but a few weeks ago that he, not the governors, has the “ultimate authority” to roll back restrictions currently in place.
So who is right here, our president or the governors as both parties have indeed infringed upon “We the People's” civil liberties and freedoms but with a key difference...as in President Trump is trying to protect us while certain governors are trying to control us...permanently they hope. And that leaves two critical questions with the first being about motives, and with the second deciding whether either party involved can actually be accused of abuse of the emergency powers that both the Constitution and laws passed have given to them.
Yet the answers as they relate specifically to COVID-19 are a bit ambiguous in nature even with both the 1976 National Emergencies Act, Sections 201 and 301, as well as The Enumerated Emergency Powers of the Executive Branch clearly stating that it gives “power to the executive branch of government to preserve order and insure the public safety in times of emergency, when other branches of the government are unable to function, or the functioning would itself threaten the public safety.” And it's here where President Trump, as the head of the executive branch, is given the right to do all that he did especially when House Speaker Nancy Pelosi single-handily shut the House down rendering “the government unable to function.”
And while Article 10 of the U.S. Constitution, as in the “commerce clause,” does allow Congress to respond to a public health crisis that affects “interstate trade” as well as to regulate international borders, what specifically happens inside the states themselves still falls under the auspices of each state's governor.
Truly a “damned if you do, damned if you don't” scenario I'd say.
But even while governors legally do have emergency powers to regulate public safety and health through their state's constitutions as well as through legal precedent already set, it's the 10th Amendment itself which clearly states that: “Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” And it's the very words “or to the people” which affords folks across this great country the right to gather together to take matters into their own hands, so to speak, and they're doing so via peaceful protests...protests that as they grow in numbers will hopefully help in stopping their states respective governors from putting their newest overtly partisan restrictions into place.
And while these protests are, as expected, being negatively portrayed in the media, these folks are allowed to gather together whether the governors like it or not. And what gives them the right to do so...actually the 10th Amendment's “privileges and immunities” clause does as it's the very clause that automatically kicks in if any governor goes so far as to restrict their citizen's movements between states. And the “stay-at-home” and social distancing restrictions dictate they do so, while also violating our right to assemble...as in our right to hold public meetings or gatherings...as well as our right to form “free association” without interference by the government...both rights guaranteed us by the First Amendment.
Now let's throw in our all-important right to privacy, a right guaranteed us under the Fourth Amendment, which too could soon be violated. How so? Unbeknownst to most, it seems that a facial recognition system designed by a company called Clearview AI is reportedly in discussions with both federal and state agencies to help with “contact tracing” of people infected with COVID-19. In fact, federal authorities and the governors of three states have already contacted said company in regards to their using the company’s technology as part of their coronavirus mitigation efforts...translation: as in gaining control over certain segments of the population via their continued tracking of anyone who tests positive for COVID-19, or any other deemed contagious disease, along with folks who may have crossed paths with them. And this is being done without even knowing if “contact tracing” does or does not help slow down the spread of COVID-19.
So while Clearview AI has convinced some that “contact tracing” is key to safely reopening our economy, what most don't realize is that this means having to share our personal information with both federal agencies and a privately owned company, a clear violation of “We the People's” constitutionally given right to privacy, as this would become yet another tool in the Big Brother is watching you...watching us...arsenal...a most unacceptable scenario.
So knowing this, just where exactly do “We the People” stand in regards to the two previously posed questions, especially regarding President Trump? While blue state governors keep trying to flex their partisan muscles to make it appear that President Trump overstepped his bounds, thankfully most of said governors bravado is for show as President Trump does indeed have the ultimate authority when it comes to COVID-19. And why...because the president, by law, is given the power to both declare and rescind national emergency orders something no one, not even governors, can do...they can only suggest or discuss which way to go, but the decision remains with the president alone. And besides, Trump always sees the big picture not just what individual states or their governors need or want.
But here is where some foibles do arise even during this time of medical crisis, and it comes in the guise of partisan politics again taking center stage. One case in point can be seen in the Nancy Pelosi ruled House holding up much needed stimulus monies that were designated to go to small businesses. Another way can be seen in those who were advising or should I say ill-advising President Trump on the logistics of the virus itself...many being Obama loyal Democrat party shills...with Dr. Anthony Fauci leading that particular crowd. And then there's the CDC itself who padded both the infected numbers as well as the all-important death count numbers by adding those who died “with COVID-19 but not of COVID-19” into the mix. And all was done to build up and weaponize emotions against this president what with the November election now looming large.
And much to left's chagrin, President Trump has been on the right side in this what really was and should remain a temporary medical crisis alone. And that surely includes Trump's decision to temporarily close down the economy for he knows well that America will come back bigger and stronger than ever. And how does he know...because first and foremost Donald J. Trump is a smart businessman... a businessman who knows that the U.S. economy, as are all nation's economies, is basically just a business and that all businesses run through both high and low cycles. And while with the powers afforded him as president, Trump could have called for the nationalization and distribution of all key resources as well as designating a single all-powerful federal agency to coordinate everything COVID-19 related, he did no such thing for he knew that to do so would have hurt the economy and thus “We the People” even more seriously and for a longer period of time than this virus from China already has.
So where do we as a country go from here? First, the economy must be fully reopened with the overreaching, self-serving, partisan governors learning who is and who isn't boss when it comes to the health, safety, and welfare of the American people. Second, those who deliberately padded COVID-19's numbers must be called to task for the unnecessary panic they created...a panic that will linger in America's consciousness for many years to come. Third, Dr. Anthony Fauci and crew who lied about the dangers COVID-19 posed to the general public must be immediately removed from their positions for what they did was practice voo-doo medicine of the very worst kind.
And lastly but actually most importantly, America needs to get back to work, all businesses need to be reopened, and “We the People” must get our lives back...lives where we are free to go where we want, do what we want, when we want to do so for what happened to our country over these past few months has truly set the dangerous precedent of allowing total governmental control over our lives, and that is something that we as Americans must never allow to happen again...our very freedom depends on it. Case closed.
Copyright @ 2020 Diane Sori / The Patriot Factor / All Rights Reserved.
https://thepatriotfactor.blogspot.com/2020/05/op-ed-theconstitution-president-trump_11.html
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For more political commentary please visit my RIGHT SIDE PATRIOTS partner Craig Andresen's blog The National Patriot to read his latest article, Documents Released, Political Lies Exposed.
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