United States (ECWd) –
“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Ex parte Milligan, 71 U.S. (4 Wall.) 2, 121 (1866).” (Adams County Prosecuting Attorney Christopher D. Boyd)
Adams County Prosecuting Attorney Christopher D. Boyd penned a letter to the Governor of Idaho yesterday regarding peoples due process rights, a subject we first raised here in Illinois on March 15th and again on March 29th in articles here and here.
“I believe that each citizen affected by the stay-home order has the right to due process before denial of constitutional rights. In such a proceeding, it would be the burden of the government to show exigent circumstances (e.g. that the citizen is actively contagious) before restricting that person’s freedom. “The fundamental requirement of due process is the opportunity to be heard “at a meaningful time and in a meaningful manner.”” Mathews v. Eldridge, 424 U.S. 319, 333 (1976).”
It appears Boyd’s position parallels exactly what we cited in this article as it relates to due process.
20 ILCS 2305/2 -(c) Except as provided in this Section, no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off-limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction.
We are pleased to finally start seeing legal minds across the country stand up for people’s rights which clearly have been violated on many fronts during the China virus COVID-19 pandemic. For those that are bothered by our calling this virus the China virus COVID-19, understand doing so has nothing to do with race. China is a nation, not a race and considering the origin of this virus is from China, we will continue to call it what it is, China virus COVID-19.
We encourage everyone to read and share Adams County, Idaho’s Prosecuting Attorney’s letter as he hit the nail on the head in our opinion.
You can download it from this link or view it below.
ID -Letter-to-Governor-COVID-19.
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8 Comments
Dave
Posted at 10:36h, 10 AprilAs it should… there is no lawful right to suspend the Bill of Rights or Constitutions
daven
Posted at 11:20h, 10 AprilIts really scary the possibility of more of our constitutional rights we will let the st and fed governments steal from us citizens. Actually those rights have been pretty easy to steal if you look back into history. I wonder if any of these politicians, judges and other law enforcement officials, who hardly ever stand up to those in the political class, ever have a red face of embarrassment when they take that constitutional oath of office. Thank God for those who are taking those in government to task. Ive always thought that making rules and laws against our constitution as being a treasonous act. Everyone should give praise to the ECWD’s for the work they do also.
A. Lincoln
Posted at 11:30h, 10 AprilMr. Boyd’s letter, quoting Mr. Justice Davis’ majority opinion in Ex Parte Milligan (in part), is spot on regarding the current United States pandemic emergency and the denial of rights and civil liberties in Illinois in particular.
“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.”
Here is Justice Davis’ next and final sentence of the above paragraph.
“Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false, for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority.”
Whether we currently have anarchy or despotism , or both (by Illinois state officials), in Illinois is certainly appropriate for discussion. Unfortunately about the only place it is freely discussed in the media, is here on the Illinois Leaks/Edgar County Watchdogs website.
mark misiorowski
Posted at 11:47h, 10 AprilSee, Jacobson v. Massachusetts at https://www.law.cornell.edu/supremecourt/text/197/11
Slightly Sightful
Posted at 17:21h, 10 AprilFear is the marketplace of which government assumes its authority. Faith is the virtue that liberates, usually when the number of subscribers is too numerous to reject. For the Constitution or the Bill Of Rights to gain wider acceptance, we may have to nail 95 Thesis to the doors of the Supreme Court. Revival is the only way we can escape the plagues.
mark misiorowski
Posted at 08:06h, 12 AprilDear Kirk and John:
A Special Petition was recently filed before the US Supreme Court in the matter of Planned Parenthood, et al v. Governor Abbott, Governor of Texas, et al. The petition asks the nation’s highest court to explain and resolve the fundamental conflict between Jacobson v. Massachusetts and Ex parte Milligan. Petitioners raise this critical question against the factual backdrop of a national pandemic and emergency declarations covering all 50 states.
I hope the Watchdogs post updates on this pending Supreme Court matter since this new Planned Parenthood matter is now of unprecedented national importance. Thanks.
Happy Easter!
mark misiorowski
Posted at 08:23h, 14 Aprilhttps://www.reuters.com/article/us-health-coronavirus-texas-abortion/us-appeals-court-blocks-texas-curbs-on-medication-abortion-idUSKCN21W076
mark misiorowski
Posted at 08:23h, 14 Aprilhttps://www.reuters.com/article/us-health-coronavirus-texas-abortion/us-appeals-court-blocks-texas-curbs-on-medication-abortion-idUSKCN21W076