COVID-19 and The Rule of Law

I originally posted the below quotation as a comment (#3) at Joe Huffman's blog, but I want to claim it for my own more publicly. Joe Huffman linked to an article published by the Second Amendment Foundation quoting SAF founder and Executive Vice-President (and justly famous attorney) Alan M. Gottlieb regarding the status of constitutionally enumerated civil rights during a public health crisis.

The Constitution of the United States clearly stipulates that the Several States, and The People of which they are comprised, retain all authority not expressly forbidden them by the Constitution itself (do I really have to point out the 9th and 10th Amendments to the US Constitution to this audience?). In accordance with each states particular constitution, the chief executive of said state (and such executive office holders who derive their subordinate official authority therefrom) absolutely and without qualification DO HAVE the legal authority to promulgate any action they individually deem necessary to protect the Public Health and Safety within their state’s borders, or their legislative sub-section of that border. This completely uncontroversial legal principal is frequently summarized as “the police powers” authority granted to state Governors, which expressly include the public’s health and safety. It remains an unresolved constitutional question as to whether, or to what degree, the US government has authority to regulate/restrict travel between the Several States, but there seems to be no question of the President having the authority to organize state efforts to achieve the ends those state’s Governors agree to be necessary to protect their state’s citizenry and commerce.

The United States’ chief executive has effectively the same authority as regards the external borders of the United States.

There seems to be NO evidence that what President Trump has done in regards to the COVID-19 outbreak differs in any substantive measure from what I have described above.

As Mr. Gottlieb has observed, the legal liability for results of the declarations issued does exist (and should be rigorously safeguarded after the fact), but anyone who attempts to argue that the authority described above doesn’t exist is undeniably lying, and may be a traitor (see efforts by journalists and others to promote propaganda efforts by the CCP and others to the detriment of the safety and security of the United States as example).

 I think that a crucially important distinction lies between the constitutional limits imposed by the US Constitution and the authorities granted by the individual state's constitutions. This distinction was arrived at deliberately by the framers of the US Constitution, and repeatedly clarified and supported by court rulings since (though as Mr. Gottlieb points out, that task remains a work in progress). I think it such an important component of the US constitutional republic framework of national government that I consider attempts to circumvent the structure as tantamount to treason or an act of war (in the present circumstance, looking directly at you PRC/CCP).

We can lay claim to being a Nation Governed by Rule of Law only for as long as we are willing to (paraphrasing a currently prominent science fiction character) "make it so". We should do more of that.