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Horowitz: A ‘never again’ law to prevent future public health fascism

Op-ed
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With the momentum on our side, now is not the time to breathe a sigh of relief. It's the time to go on offense against COVID fascism. Yes, we appear to be healing from the ailment of COVID fascism, but now is the time to inoculate ourselves against future usurpations while we still have the chance.

Unlike with the virus, there is no natural immunity against government tyranny under the guise of public health. This is the essence of what Ronald Reagan meant when he warned, "Freedom is never more than one generation away from extinction." We can always lose our freedom, and once it is given up, we seldom reclaim it. Part of the reason why is because every time we beat back an assault on our freedoms, we just move on to the next issue and fail to vaccinate ourselves against future usurpations. This time must be different. It's time for every state and county to pass a resolution prohibiting any of these actions from ever being taken again. Preferably, they should be codified into state constitutions.

It's not like the various federal and state agencies have admitted that lockdowns and masking are ineffective and harmful. They are just finally conceding that the measures are no longer necessary this round. Thus, we might have temporarily gotten our breathing back, but we did not reclaim our freedom, because it is always subject to infringement at the flick of the pen of a governor or mayor. In fact, Fauci has already hinted at masking becoming the new baseline for the flu season, and we all know that at the first sign of another virus (or a different emergency), these same actors will pull out this yet-to-be-repudiated playbook. Which is why we must repudiate it, burn the blueprint, and break the mold, so that it can never be used again.

The following is my proposal for a "never again" resolution that will permanently reclaim these lost rights from the clutches of public health tyrants.

Declaration of American rights and principles for an American sanctuary

Whereas what distinguishes this country from other supposed democracies is that our rights come from God, not from government, those rights are fully sustained in times of war as well as peace, times of sickness as well as wellness, times of scarcity as well as prosperity.

Whereas Justice Robert Jackson observed the same thing about the provisions of the federal Constitution and that the Founders deliberately omitted emergency exceptions to fundamental rights because they "knew the pressures they engender for authoritative action, knew, too, how they afford a ready pretext for usurpation."

Whereas the state power to quarantine is only on the sick, not on the healthy, and that the Supreme Court has ruled that no effort to quarantine may be done in an "arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public."

Whereas all the measures taken to stop the spread of a recent virus have proven ineffective in their stated goal yet devastating in their collateral damage to society as a whole.

Whereas federal law prohibits anyone from using "law, statute, ordinance, regulation, or custom" to deprive any person of "any rights, privileges, or immunities secured or protected by the Constitution" (U.S. Code Title 18, Sec 242).

Whereas shutting down businesses without offering full and complete compensation violates the Fifth Amendment's Takings Clause.

Whereas Sam Adams said the American Revolution was a contest over "not only whether we ourselves shall be free, but whether there shall be left to mankind an asylum on earth, for civil and religious liberty."

Whereas even during the Articles of Confederation government, states lacked the authority to block citizens from traveling freely across state lines.

Whereas the Supreme Court has held, "No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law" (Union Pacific Railway Co. v. Botsford (1891)). And that the right of a human being to breathe freely through his or her nose and mouth is the clearest manifestation of that right to bodily integrity:

Be it Resolved, that this legislative body recognizes the state/county of _____to be an American sanctuary, an asylum on earth for the following liberties during any declared public health emergency:

  • The right of every citizen to move freely without being restrained or forcibly masked in violation of his bodily integrity.
  • The right of every citizen to responsibly open their businesses without government deciding which ones are essential.
  • The right of every citizen to worship freely during a declared emergency.
  • The right of every American child to attend school without physical and psychological abuse.
  • The right of every citizen to be shielded from government monitoring of his privacy.
  • The right of citizens to have their state governments shield them from any federal usurpations of inalienable rights.
  • The right of every citizen of this republic to travel freely across state lines.

Therefore, as the duly elected legislative body of this state, we commit to the principle that during a declared emergency – for health or other reasons – individuals absolutely retain the right to be free and independent and maintain their inalienable and fundamental right of self-determination to make their own health and personal safety decisions including, but not limited to, the right to refuse any of the following health-related countermeasures:

  • The wearing of masks or other medical devices.
  • Vaccination.
  • Testing or any physical examination.
  • Participation in contact tracing.
  • The involuntary sharing of personal data or medical information.
  • Forced quarantine of any individual who has not been infected with an actual disease that has been proven deadly and has not already proliferated through large portions of the population. The case fatality rate must exceed 1.5% in order to trigger any forced isolation of individuals.

Even in the case of a legitimate quarantine, it shall be implemented in the least restrictive means possible to prevent the spread of the toxic agent or disease; shall include reasonable notice and due process; shall protect the right of the individual to remain in his or her home and live with family members, friends, and significant others at all times. An individual's quarantine or isolation shall not remove or alter the individual's legal or medical custody of another individual. A minor child shall not be forcibly removed from his or her parent or legal guardian or home in order to enforce an individual's quarantine or isolation.

In addition to respecting individual rights to bodily integrity and personal autonomy, during any declared emergency by the governor or any public health order issued by a government entity, a government entity shall not infringe upon the rights of business owners. No government official may revoke a business license, occupational or professional license, or liquor license because such business remains open. No government entity may fine, sanction, or seize funds or assets of a business because such business remains open. No government entity may force a business to close, to reduce its hours, to alter its manner of business operations, or to otherwise restrict such business in its manner of operation, including with respect to access by employees, customers, suppliers, consultants, or contractors.

Any violation of personal or business rights during a declared emergency will result in the immediate termination of the declared emergency or public health order and create an immediate cause of action against said government officials by any citizen. Any violator is guilty
of a misdemeanor and upon conviction must be punished by a fine not to exceed $10,000,
or by imprisonment for not more than 180 days.

Further, any executive order issued by an executive agency, department, or head of agency or department is to be treated as advisory for private citizens. Only with a two-thirds vote from the governing legislative body can public health orders affect the conduct of private citizens and must still be in accordance with the aforementioned limitations. An exception to those limitations can only become effective following a public hearing on the matter and a three-fourths vote to suspend the standing rules of declared public health emergencies. Such suspensions cannot last for more than 30 days.
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