Originally Posted by
tower59
Alpha-17 laid it out very nicely. Permitting a simple presidential declaration of emergency does not, according to what is written in our Constitution, trump the Constitution. Allowing an emergency declaration is certainly expedient and efficient, but incurs the risk of tramping on our civil liberties. Modern lawyers and judges may drum up arguments in an attempt to justify such actions, but again, if we have true natural rights, they can't be taken away by fiat.
With respect to the wisdom of megachurches holding services, that's actually not really in question. Of course they shouldn't, that's a really bad decision, and would increase virus spread risk. Yes, people can worship in other ways should they choose. The fundamental legal question is should it be suddenly illegal for them to meet? If you think it should be illegal for them to meet, then why are so many other non-church activities still occurring? Like primary elections? Someone clearly made a decision and said that voting rights in this instance are more important than stopping viral spread. And if you say, sure, it's because it's an "emergency," then who draws the line of what an emergency is? Could a president decide that if he can't get Congress on board, he'll just declare the situation an emergency and just build the wall? Could we have an intelligence emergency and decide that we will wire tap every single email and phone call in CONUS? Perhaps we actually have a gun violence emergency, and "I've got a pen and phone" could take away what we thought were rights protected by the 2nd?
These are just a few very recent examples of exactly what we are talking about, highlighting the challenge of dangerous liberty which often is in conflict with government authority, and is sometimes in conflict with population safety. Today these challenges for our nation are not just academic, but are very real as we struggle with fighting this wretched virus.
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