CONSTITUTIONAL CONVERSATIONS
Liberty-Mad, Again
by
M.E. Boyd, Esq., “Miss Constitution”
The title comes from the first book of a trilogy on the American Revolution by Rick Atkinson. In 1776 British generals Howe and Cornwallis drove George Washington and his rag-tag army out of New York south through the Jerseys. Physically and psychologically beaten, the Continentals all but gave up. Citizens gave up, too, and began to put red scarves on their front doors to signal loyalist sympathies. The British generals confidently went into winter quarters in New York. It was time, many patriots thought, to replace General Washington. But instead of acceptance of the inevitable, Washington personally crossed a freezing and ice-clogged Delaware River and routed the Hessians at Trenton. As one Brit said, the Americans are “liberty-mad, again.”
We, as a nation, are again in a state of beaten down. The “science” we have been told to follow religiously is using models that are totally inaccurate. We are lectured to by persons whose income is unaffected by the crisis who, in condescending and impudent tones, think they can order us around, prevent our praying for deliverance, and ruin our financial lives. “Let them eat cake” comes out as “so go get an ‘essential’ job if you need to work.” Who do these people think they are? The Constitution of the United States created rights for average citizens AGAINST government overreach and power; against the elitism of persons whose finances are unaffected by the current crisis; against false imprisonment; against warrantless surveillance; against the suppression of speech and assembly. But, say federal, state, and local leaders, we must put “safety” first no matter what we have to do. Wrong, says Miss Constitution. The oath you took is to preserve, protect, and defend the Constitution of the United States and your State Constitution, so Liberty comes first, and must come first, because once taken away our civil rights will never return. The government’s role is to create the highest level of safety within the bounds of personal Liberty protected by the United States Constitution through the Supreme Court.
Miss Constitution will explain the system.
- The atom of government power in our system is split between the federal or national government and state and local governments. Federalism, as it is called, is designed to prevent concentrations of power that would abolish personal Liberty. Power on some issues is shared between the national and state and local governments. Handling the Wuhan virus is shared in this way, between federal guidance and state and local guidance. It is not an issue handled only by the national or federal government.
- Government officials, in an emergency, can temporarily order citizen compliance, but may not order compliance that betrays Constitutionally guaranteed citizen rights. What is allowed, and what is appropriate, is government actors that educate, that explain, that suggest strongly, that persuade adult citizens to do the right thing for themselves and their neighbors. Moral suasion is the proper tool, not condescending orders from persons with no clue whatsoever and no skin in the game.
- Our economic system is private, it is not controlled or run by any government. The Constitution provides, in Article I, section 8, that the federal or national government may “regulate commerce” but the federal government does not manufacture masks, or ventilators, or swabs, or gowns, or anything else. It regulates the private sector who does manufacture these things and it purchases products from private industry that it feels are essential to have stockpiled for emergencies. Governments are not supposed to pick private-sector winners and losers or deliberately bankrupt businesses through overbearing administrative rules. That Congress and a series of Presidents and business leaders have allowed essential products to be produced by declared enemies of America is beyond the comprehension of Miss Constitution.
So, what does Miss Constitution say we do about the current health crisis?
Miss Constitution thinks that the citizens of the United States, the Sovereign, pick themselves up, no matter how beaten down, no matter how cold it feels, no matter how the enemies of Liberty think they have won and go into winter quarters confident the Sovereign will not notice what has been done. Miss Constitution thinks that those economically or personally affected by this attack on our nation get mad and demand an immediate and thorough investigation regarding its origin, its motive, its execution, and any collaborators in the United States who intend to use this attack to change our system, or remove our civil rights, or take over our economy. Miss Constitution thinks we all should take reasonable precautions on behalf of our fellow citizens and reach deep within ourselves to do the right thing, to the right person, at the right time, to the right degree. Miss Constitution thinks that a surprise raid by We the People should be commenced on all politicians and others who have betrayed their country; who allowed their States to be mismanaged and now need a bail-out; who are deliberately gaming the system knowing that the rush to help caused mistakes to be made or overlooked in the rules. Un-elect those politicians; boycott those businesses who take advantage; do not send your children to Universities who are taking money meant for Bertha’s Café with three waitresses, two cooks, and a dishwasher with a total of seven kids between them.
This is our Trenton moment on a twenty-degree Christmas Day at 1 am in the morning. We have no cloak; no shoes; no food; but we are Liberty-mad, again, and all will be held accountable by us.
Copyright©2020 by M. E. Boyd, Esq., “Miss Constitution”
www.MissConstitution.com