Restore constitutional rights

Our nation’s founding fathers were no strangers to pandemics.

They knew of many viruses and diseases — yellow fever, smallpox, measles, scarlet fever, to name a few. Yet, when the Constitution was written and signed, our founding fathers chose not include a caveat for a health emergency as a reason to suspend the inalienable rights of U.S. citizens.

Indeed, they took steps to prevent such an effort in the First Amendment: “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.”

That’s why the federal government has not implemented a national quarantine. The idea is an anathema under our constitutional republic.

Put simply, doing so is unconstitutional, and President Donald Trump likely knows it.

But my how quickly governors, mayors and petty state and local bureaucrats jump at the chance to strip Americans of their constitutional rights in the name of so-called “safety.” They’ve even resorted to trying to control the language to market, advertise and sell their actions.

Take Gov. Jay Inslee’s so-called “stay home, stay safe” executive order. He and his staff have taken great pains to downplay the fact they have, for all intents and purposes, quarantined Washingtonians. That’s right, if you’re in your home under threat of being cited or arrested, you are quarantined. Sorry to burst your “social distancing” bubble.

It’s one thing to volunteer to stay home for the sake of loved ones, friends and neighbors, and even for public health. It’s a choice Americans can make.

It’s entirely something else when the governor strips you of your rights to move about, go to church or assemble peaceably.

But Gov. Inslee hasn’t stopped there. He’s taken steps to prevent political opponents from seeking a redress of grievances over the Second Amendment at city council meetings. And he’s used his position to diminish access to public records, meetings, parks, lands, waters and more. Gov. Inslee has virtually erased transparency from the governmental dictionary.

Non-elected state and local officials and workers have followed his dictatorial lead and taken it upon themselves to close publicly owned amenities to everyone but themselves. That’s not allowed, either.

If you can’t use the water, neither should the state Department of Fish and Wildlife. If you can’t park and hike in our public forests, than neither should state Department of Natural Resources employees.

If the elected body — yes, elected, not appointed — with jurisdiction over those amenities didn’t publicly vote specifically on a closure, it’s not a legal closure.

And what about boating, fishing and access to the water.

Well, if you can float a kayak in it, it’s generally considered a navigable water by law. And under federal law, access to the water and the water itself has to remain open to the public. Try telling that to the state Department of Fish and Wildlife, which has unilaterally closed access to navigable waters in violation of the Commerce Clause of the U.S. Constitution.

The Commerce Clause generally gives the federal government jurisdiction over rivers, lakes, streams, creeks, wetlands and more, as long as you can navigate that waterway in your kayak.

Congress has yet to vote to close the waters of the United States. Without that vote, the closures should be in violation of the Commerce Clause. Of course, attorneys representing the power-hungry bureaucrats would disagree.

Then there’s the question of state law.

Under Revised Code of Washington 43.06.220(4), any emergency restriction on constitutional rights must end within 30 days unless the Legislature passes a related concurrent resolution. Lawmakers have not convened to take up such a measure, possibly because a concurrent resolution could also be considered a violation of the First Amendment. In the alternative, it’s possibly because lawmakers are afraid to stand up to Gov. Inslee and state-level bureaucrats who really control Olympia.

A lot of Americans have chimed in about being responsible and staying home during this pandemic.

Maybe they truly believe that being cooped up at home will save lives. Maybe they don’t understand their constitutional rights as an American citizen. Or maybe it’s just an excuse not to go to work and get “free” government money.

One thing is for sure — if they go out in public for groceries, building supplies, gas or even a trip to the drive-through, they may still be exposed to the virus. If they’re wearing gloves and masks, but contacting numerous items, there is still a chance they’ll be exposed.

There is guarantee of safety, especially with government’s seemingly random selection of what is essential and what isn’t.

There is, however, a guarantee that the infringement on our constitutional rights will have long-lasting effects. Does 9-11 ring a bell?

The American psyche has changed from controlling our own destiny to victimhood.

The reality is that people are still going to die, even those staying home in quarantined states.

Our communities, state and nation are at a constitutional crossroads, a constitutional “crisis,” if you will.

Are we going to let petty bureaucrats, so-called “experts” and elected officials strip away what it is to be American? Are we going to turn away from being a constitutional republic to being a technocracy (that’s what it’s called when so-called “experts” get to run the show)? Or are we going to demand our constitutional rights be upheld?

If there is to be any hope of remaining a constitutional republic, this quarantine has to end quickly and our rights restored unconditionally.

— Roger Harnack is the publisher of Free Press Publishing with newspapers in Adams, Lincoln, Spokane and Whitman Counties. Email him at [email protected].