All Basic Rights Suspended

First religious ceremonies, now the right to peaceably assemble and petition for redress of grievances. I assume we'll be receiving orders to quarter soldiers in our home soon.

It may be unwise to assemble to protest the government, but the government cannot legitimately rule the right to protest 'non-essential.' They've done so illegitimately, and the police have made arrests and dispersed the protest.

Some Federal courts are still open; perhaps one will act to restrain the governor of North Carolina. If not, well, we aren't permitted to protest him. I suppose we could still write a sharply-worded letter.

Or, you know, do other things.

15 comments:

Douglas2 said...

It's not at all unusual for states to have laws along the lines that the state or local board of health "may, during an epidemic or threatened epidemic close any school, and prohibit public gatherings for such time as it may deem necessary"

Similar language is in the laws of every state, has been for well over a century, has been (apparently until now) uncontroversial, I'm pretty sure it will be considered well established by the courts as a legitimate exercise of the states' police powers.

The courts will have had problems with it when they've not been confident that there was legitimately an epidemic, or when there was evidence of animus or targeting against certain groups in the proclamation of restrictions.

Grim said...

I think there’s a distinction when the gathering is for a specifically protected purpose like free exercise of religion or political protest. This is especially true since the whole point of this protest is to call for the lifting of the order. Saying your can protest the order once it’s lifted’ is in fact to deny the right to protest the order.

E Hines said...

Not to be too pedantic, but this is a State government action. The State's court system is a branch of the State's government. The State government hasn't completely misbehaved here until all of the State's government branches join the misbehavior.

On the other hand, if the citizens of the State don't take the matter to their courts, or take other resistive action, they'll have the government they will have demonstrated they're willing to have.

Eric Hines

Grim said...

The Federal courts came to mind because they reversed the anti-Easter orders. The 14th Amendment, widely or not, brings denial of basic liberties by the states under the jurisdiction of Federal courts. I’ve mostly found this irritating over the years, but having paid the price we ought at least get the benefit.

Grim said...

Also, I’ve only been here a couple of years, but North Carolina’s state government is strikingly nonfunctional. It’s a purple state, and deeply divided against itself.

Grim said...

Saying your can protest the order once it’s lifted’

Since I've been using my phone to blog/comment more, I've noticed that I sound increasingly illiterate.

ymarsakar said...

None of these restrictions affect the angels of the Divine, whether dark or light.

In fact, it is easier to do work in the astral than ever before.

Just look at Q Anon alert app and drops. That's basically Ymar dropping hints back in 2009.

ymarsakar said...

N C is a little too close to Virginia, which is too close to Mary's Land, which is too close to a capital of evil and corruption.

Evil, as magnetism, increases in force via a square effect or inverse square effect, as the distance decreases.

ymarsakar said...

As I mentioned online, here or elsewhere, the emergency rule period is under the Stafford Act. Just read it on wikipedia.

These un Constitutional actions, are only legit due to this emergency law.

This is not nearly as interesting as the Invisible War that is going on, according to the President's words. 10 days of darkness. 10 days of emergency troop deployment.

ymarsakar said...

The procedures for declaring a major disaster are to be made by the governor of the state. When a disaster occurs, the governor executes the state's emergency plan. If the Governor then decides that the disaster is of such severity that the state and affected local governments cannot possibly handle the effects of the disaster, the Governor will make a request to the President explaining the amount of resources they currently have available and commit to the cost-sharing requirements in the Stafford Act. The President can then declare a major disaster or emergency in the affected area.

Title IV sets out the authority of the President during major disasters or emergencies. The president has many powers under this act. These powers include, but are limited to: directing any federal agency to help the affected area (including precautionary evacuations), coordinating all disaster relief assistance, providing technical and advisory assistance (issuing warnings, providing for the public health and safety, and participating in recovery activities), distributing medicine, food and other supplies, and providing accelerating federal assistance when the President deems it necessary. Lastly, the President can also provide any emergency communications or public transportation that an affected location might need. The federal share of these types of assistance is no less than 75 percent of the eligible costs.[2] The President has the ability to contribute up to 75 percent of the cost of any state or local hazard mitigation effort that is deemed as cost-effective and substantially reducing the risk of a major disaster.


U.S. Navy sailors stationed at Naval Air Station Pensacola load supplies on a UH-3H helicopter before it is transported to New Orleans to aid in disaster relief efforts for the Hurricane Katrina victims.
During a major disaster the Governor may request that the President direct the Secretary of Defense to use the resources of the United States Department of Defense for the purposes of any emergency work. This work is only allowed to be carried out for 10 days. Emergency work is defined as "clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services".[2] Title IV also provides a framework for many essential governmental functions during an emergency including legal services, relocation assistance, distribution of food coupons and unemployment assistance.


The thing is, during a coup de tat or anti coup or COIN operation, a lot of things use covers as OPSEC.

For example, the Army may be mobilizing to the capital to save somebody or other, and then suddenly all the capital Senators end up executed by said Army. Hence, armies in Capitals are dangerous to the Ruling Order.

If you don't think like this, then everything looks ok.

ymarsakar said...

Originally, a Clinton was supposed to be here during this manufactured crisis, ready to deploy Emergency Rule and martial law to replace the US Constitution.

Things went haywire when the Alliance propped up a Trum card.

This is why whenever I read the emotions and surface intent of Trum supporters and Trum himself in 2015, I always got the data that they were planning a coup de tat that was unconstitutional.

Texan99 said...

People in my county are outraged because the public boat ramps are closed, in violation of what they think are Constitutional rights. There's probably not much use in this, but I've been trying to give out some basic information about how Constitutional rights work. The more core the right, the higher the burden on the government to show that an important public interest is involved, that the restriction is narrowly tailored to serve that interest, and that the restriction is not arbitrary and capricious.

Even more important, none of these rights are self-effectuating. If you want to keep them, you'd better be focused on every single election, and choosing candidates who will restrict your rights as sparingly as possible no matter what the overwhelming public interest is. It might be good to elect officials who will appoint judges who respect the Constitution as well. Otherwise, just keep voting for the party that promises free stuff and hope for the best.

Use of public boat ramps isn't a core Constitutional issue. In contrast, religion and assembly being core rights, governments probably are vulnerable to a Constitutional attack in this area--though it doesn't happen automatically; it requires people to staff and fund lawsuits and exercise patience. One federal judge already has torpedoed the ridiculous attempt to prevent people from gathering in their separate cars to conduct a worship service. An assembly to protest government action should get the same strict scrutiny.

In the meantime, gathering in person is hardly the only, or even the best, way to exercise effective coordinated political pressure. Pro tip: kvetching on Facebook isn't, either. Swamping your elected officials with calls and written messages actually is pretty effective, especially if combined with a history of voting and making campaign contributions.

There are a lot of steps to take before we decide we have nothing left but civil disobedience or violence.

douglas said...

There's a pretty good display of disapproval of the Governor of Michigan going on today in Lansing

E Hines said...

I've been watching the dismay being expressed in Michigan. The weather has been getting steadily worse through the day--snowing when I first noticed at mid-day, which it's not doing in the tweet's image, and snowing harder and windier this afternoon, while the protesters are not thinning at all.

Also saw one protester's MAGA sign: Michiganders Against Gretchen's Abuses.

Eric Hines

ymarsakar said...

The Alt Right often noted that Republicans were not "activists" because conservatives had jobs and economic interests to protect, whereas the Ctrl Left was paid, literally, to work as activists by Soros and company.

Well, now that Trum is sending out a check for April, I suppose people without work might as well become activists in truth in Michigan.