Written by Michael Palomba
Many states and localities have enacted strict lockdown orders as a result of COVID-19. Some officials, like Michigan Governor Gretchen Whitmer, have clearly gone too far.
Whitmer made national headlines for banning paint, outdoor goods, and virtually everything deemed “nonessential.” She also banned residents from traveling to second homes, as well as banning all public and private gatherings.
Luckily, we still have leaders in government who care about the Constitution. Attorney General William Barr declared that “the Constitution is not suspended in times of crisis” and directed federal prosecutors to ensure civil liberties are being protected.
“Many policies that would be unthinkable in regular times have become commonplace in recent weeks, and we do not want to unduly interfere with the important efforts of state and local officials to protect the public,” Barr said in a memo to U.S. attorneys.
“If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court,” Barr wrote.
The Constitution dictates certain rights and liberties that the government can’t infringe on, even during a crisis. So, while requiring masks in public would be an example of reasonable legislation, mandatory and indefinite stay-at-home orders are not.
“The idea that you have to stay in your house is disturbingly close to house arrest,” Barr added. “I’m not saying it wasn’t justified. I’m not saying in some places it might still be justified. But it’s very onerous, as is shutting down your livelihood.”
We have to remember that the job of the government is to protect our freedoms, not limit them. Giving up freedom for security is a slippery slope. As Ben Franklin once said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.
