The Virus that Tried to Kill the Constitution-COVID, The Constitution and Cause for Concern

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Idaho State Legislture

COVID, The Constitution, and Cause for Concern                                April 2, 2020         

Representative Heather Scott - District 1

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Hello Idaho,

 

Today, in the midst of these uncertain times, we must remind ourselves that the United States has persevered through many challenging times in our 244-year existence: wars, terrorist attacks, financial upheavals, and numerous pandemics.  We have weathered these storms and will weather this one because of the rock-solid principles that make up the foundation of our time-tested Constitution.  We have emerged time and again as the most resilient and successful nation in the world.

 

We are a Republic, with freedoms and liberties spelled out in a hierarchy of laws: God (Natural Law), the US Constitution, Idaho Constitution, Idaho Code, and Idaho Administrative Codes and Rules.  These freedoms and liberties we hold so dear must remain protected, especially in times of emergency or crisis.  Governments at all levels need to follow the laws and stay within the boundaries of our Constitutions.

 

Our Founders knew that government, if left unchecked, invariably seeks more power and control.  Keeping government in check is a power that lies solely with the people and requires vigilance and the will to use that power correctly when necessary.  Tyrannical behavior, whether it comes from a mayor, county commissioner, governor, or bureaucrat, often results from apathy and disconnect on the part of citizens toward their government.  The responsibility of citizens for active engagement with their government is like the responsibility of parents to keep their children in line.  Failure to do so virtually ensures bad outcomes.

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Our government is founded on the principle that each of us has inalienable rights that come from God, and that the government’s role is to protect those rights.  Some of our rights include life, liberty, the right to possess and protect our property (a business is a property), the right to speak freely, the right to defend ourselves, the right to freedom of assembly, and the right of equal protection.  Our government cannot take those rights, even in times of emergency.

 

In today’s unprecedented government power quest, we as citizens must apply rational, critical thinking and decision making to navigate through the increasing restrictions of civil liberties during a climate of relentless fear mongering and media hysteria.  I think we all remember the “Never let a crisis go to waste” agenda of just a few years ago that served as a way to chip away at the foundations of our Constitution to push a global, socialistic agenda while in the midst of a national emergency.


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This form was pulled after pressure from engaged citizens!     

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Idaho's form was modeled after L.A.’s “Safer at Home” initiative, which urges citizens to report any non-essential businesses that are still operating as usual during the lock-down.  

I am not sure why the Idaho Governor has followed in the footsteps of, at this point, mostly liberal states and issued an order for all Idahoans to stay at home for 21 days and for all non-essential businesses to close. Already we are seeing some of those other states applying draconian measures to enforce their orders, such as threatening 90 days in jail for citizens leaving their home, shutting off utilities to non-complying businesses, and encouraging citizens to report on others who are not complying with these unconstitutional edicts.  Incredibly, Idaho has now joined the ranks of the latter with a specially devised form!

 

This path chosen by Idaho’s Executive Branch is unconstitutional, un-American, and NOT the Idaho way.  Yes, there is a real illness attacking our state, country, and world.  But it is up to each of us to be responsible for our actions and behavior and take precautions to keep ourselves safe.  But we cannot allow the crumbling of laws and Constitutions to go unchecked.

 

I’m receiving calls from citizens on an ongoing basis, all asking the same questions: “Is my business essential?” “Can I get added to the essential list?” or “Can our church group meet or not?”

  • First, I would like to say that every business in Idaho is essential. Buying into, or reiterating this “essential/non-essential” language sidelines the 14th Amendment, the Equal Protection Clause.  Government cannot treat people or businesses differently, discriminate against one type of business over another; in other words, “pick winners and losers”.
  • As for meetings and church services, first and foremost we all must exercise personal responsibility and personal accountability. The very reason why laws and governments exist is because history has taught us that these two principles are not honored similarly at all levels.  Increased personal responsibility and personal accountability is directly proportional to limited government.  Yes, we have a God-given, constitutionally protected right to peaceably assemble.  No one can take that right away from you, and you should not be bullied or intimidated to give it up.  You can voluntarily choose to not assemble, which today may show prudent personal responsibility and personal accountability.

Reminder: 

Unconstitutional edicts do not take precedence over our inalienable rights!  Our rights, and the Constitution protecting those rights, do not go away in times of emergency.  Limited government in a Republic has to work within the                  confines of the Constitution.  


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Jurisdictional boundaries were created in our Republic for a reason. Elections have consequences and the question is, will we allow or enable tyrannical behavior in those we elected?

  • Will your county sheriff use his deputies to enforce an unconstitutional edict, order or idea, or will he adhere to the constitution he swore to uphold and protect?
  • Will your city or county elected officials or bureaucrats punish you with a citation if you exercise your God-given, constitutionally protected rights? 
  • Will government unilaterally close your business in favor of others and deny you equal protection under the law because of an unconstitutional edict?
  • Will YOU allow government to violate your constitutionally protected right to peacefully assemble?
  • Are you willing to stand up for my rights or your neighbors rights as well as your own?

This will not end if we do not push back and I am urging you to stand firm on your constitutional rights and exercise them often.  And support others who do the same.


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Six things you can do today to start turning things around. 

  1. Stop being fearful.  Research the real facts. 
  2. Stop calling the government to ask whether you are an essential or non-essential business and whether or not you can meet or go to work. Behave as if your livelihood depends on it.
  3. Start learning your rights, exercising your power and start empowering and educating your friends and neighbors on the importance of protecting rights and freedoms in times of trouble when they are most vulnerable.
  4. Learn who your elected representatives are at all levels of government and understand the defined authority they have and don’t have.  Know where they stand on issues and keep them honest.
  5. Stop thinking of government as the answer with a top-down system, centralized-power approach. Our Republic is designed as bottom-up, with all power residing in the people.  Stop abdicating your power. 
  6. Stand and speak up against tyranny at all levels of government.  Stand firm on your God-given rights and exercise your authority as a citizen and push back on unconstitutional edicts that would control every aspect of your life.  Stop apathetic behavior towards government

 We are the leaders we have been waiting for. I encourage you to take the lead and exercise your rights.  If you stand, others will stand with you.