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Wuhan-Related: ‘…The Right Of The People Peaceably To Assemble….’

20 March 2020 @ 16:46

My Dear Friend, Tom Fergus, recently published this Facebook post:

…or the right of the people peaceably to assemble…

That’s #1 of the Bill of Rights. So now we surrender our civil liberties without complaint?

I’m done with this. First restaurateur brave enough to open, I’ll come heavy.

That’s The Spirit!

I’ve had a serious problem with the ‘Shelter-In-Place!’ order when I first heard of it during the pursuit of the younger of the Tsarnaev Terrorist brothers in 2013.  I was at work when it was issued and Defied it, going home after working the night shift — fully aware of the slight dangers involved.  It was Obvious that the chances of him being anywhere along my route were slim and I, as I always did, kept my doors locked.  No government was going to restrict my Freedom Of Movement.

Now, we face a Virus, born in Red China that is a lot less Dangerous, yet across the country Restrictions of a Free People’s movements are being implemented.  I write this as someone whose Immune System has been Compromised by four bouts of Cancer: you’re not going to Intimidate me.

Kudos to The President for leaving such matters as ‘Shelter-In-Place!’ up to The Sovereign States [for now — pardon my well-earned Cynicism].

The First Amendment reads [emphasis mine]:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

As Justice Joseph Story wrote in his Magisterial Commentaries On The Constitution Of The United States:

§ 1894. This would seem unnecessary to be expressly provided for in a republican government, since it results from the very nature of its structure and institutions. It is impossible that it could be practically denied until the spirit of liberty had wholly disappeared, and the people had become so servile and debased as to be unfit to exercise any of the privileges of freemen.

Well…most Americans are Debased and have become Servile to government at all levels.

We, The Sovereign People, who are the main holders of Sovereign Power, have never Relinquished our Power officially.  Sadly, out of Habit and Laziness we have ceded too much Power And Control to our governments.  We’ve been too busy reveling in our Bounties and Luxuries.

Now, I am an opponent of the Incorporation of The Bill Of Rights, which is, as Wikipedia describes it [emphasis mine]:

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post-Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other Amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.

Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to “incorporate” most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

The Modern Supreme Court has rendered decisions that are Repugnant to The Constitution in this matter.

The Founding Fathers never intended The Bill Of Rights to apply to any state, county, or local governments.  As the Tenth Amedment states:

The 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.

Nowhere, except, perhaps, in time of War, is the ‘Shelter-In-Place’ Power granted to the national government.

So, if a state constitution allows in it’s text for ‘Shelter-In-Place’ orders to be issued, then the matter is settled in said state.  Those opposing such Power And Control need to Amend their individual constitutions.

If a state constitution does not allow for such Powers to be exercised by the government at that level, they we devolve down the governmental levels and, if none of them allow for such orders, then The Sovereign People have this Power.

In Tom’s case, being a resident of New Hampshire, he has to look at his state’s constitution first, but I Salute his Spirit Of Resistance To Tyranny.  Never lose it, Old Friend.

We all must keep an eye on our governments at every level.

And, if Tom is arrested or fined for not ‘Sheltering-In-Place’, I will help him make bail and buy him a Bourbon.




2 Comments leave one →
  1. 21 March 2020 @ 13:26 13:26

    Considering the ways they’ve violated he 2nd, 4th & 5th amendments, this comes as no surprise,
    Note the most democrat-controlled states, the ones most responsible for violating the Rights of the People, are going full commie at their earliest convenience.


  1. In The Mailbox: 03.20.20 : The Other McCain

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