The Bill of Rights vs COVID-19 Restrictions
Let me be clear about this the seriousness of the threat of COVID-19 do not give eminence over the Constitutional rights of US Citizens. This should be a wakeup call for citizens across the nation and to governors of every state in the union.
The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
May 8th, 2020 – US District Court in Kentucky granted on behalf of the Tabernacle Baptist Church of Nicholasville a temporary restraining order preventing enforcement of Governor Andy Beshear’s order that prohibits in-person church services and threatens criminal penalties.
The Second Amendment gives citizens the right to bear arms.
There are no provisions allowing for distinctions in the type of arms US Citizens are allowed to bear nor for any purpose designated as “authorized” by this Amendment.
The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.
This Amendment prevented military troops taking one’s home or property for military purposes.
The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.
This Amendment did not allow law enforcement from conducting searches or seizures without a properly authorized and executed warrant.
The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.
This Amendment required due process, tried only once for the same facts and prevented self-incrimination (Miranda Rights) and prevented eminent domain takeover of private property without fair compensation.
The Sixth Amendment assures the right to a speedy trial by a jury of one’s peers, to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation.
This Amendment assured one of a speedy trial by a jury of one’s peers, know the charges and confront witnesses. It compels witness testimony and guaranteed legal representation.
The Seventh Amendment provides that civil cases also be tried by jury.
This Amendment required civil cases be tried by a jury.
The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
This Amendment prevented excessive bail, excessive fines, cruel and unusual punishment.
The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.
This Amendment declared the list of rights under the Constitution is not limited, and those rights not given by the people are retained by the people.
The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people.
This Amendment assigned all powers not delegated to the federal government or prohibited to the states, either to the states or to the people.
During this time of self-isolation (stay-at-home) it is important for US Citizens to know and understand their rights according to the Constitution. Also know that the rights of citizenship do not transfer over to non-citizens or those residing in this country illegally.
It is especially important for governors and legislators (regardless of political party) to understand how federalism empowers state governors to make decisions about running state government without infringing upon, restricting or taking away the rights of US Citizens.
Hopefully US Citizens will awaken to events happening around them and when necessary hire legal counsel to initiate lawsuits in federal courts and following all the way up to the Supreme Court of the United States. What really matters is upholding the Constitution above any and all political perversions at every level of government which threaten to strip away the rights enshrined in the Constitution of the United States. – I am the Real Truckmaster!