At LewRockwell.com, Judge Andrew Napolitano slams Dr. Anthony Fauci’s disregard for your constitutional rights. He writes (abridged):
After listening to Dr. Anthony Fauci suggest last weekend that we should expect to be wearing two masks on our faces everywhere we go until the end of 2022, I began thinking again about first principles.
Fauci is entitled to express his opinions. Yet, because he is the president’s chief adviser on COVID-related medical matters, I cringed when I heard what he said. Was this a trial balloon or did he mean it literally? Are these suggestions or will they become commands with the purported force of law?
When the government tells us what clothing we must minimally wear, under the Constitution, it must mean on property that it owns, not on private property. Yet, even on government property, the Constitution protects us.
The government can dispatch its medical personnel to persuade us to do as the government wishes — despite neglecting a substantial body of medical evidence that contradicts what it preaches — but it may not use the force of law to compel compliance on the face.
The whole purpose of the Bill of Rights is to keep the government off the people’s backs, as Justice William O. Douglas famously wrote. He could have written “faces.” There are areas of human behavior that are none of the government’s business. Facial appearance — because we own our faces and can exclude all others, even the government, from them — is foremost among them.
History teaches that governments crave control and resist restraint. They negate liberty. Yet, according to the Declaration of Independence, the reason we have government is not to tell us how to live but to protect our freedoms. How well has that worked?
Andrew P. Napolitano’ a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty.
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