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As Americans begin to prepare for the upcoming holidays, authorities are encouraging, and sometimes even trying to enforce, additional lockdown measures. What the governors and mayors are doing with the shutdowns is being done by edict, not law. This is illegal since their legislature has not passed a law ordering these lockdown measures.
Article IV, Section 4, Clause 1 of the U.S. Constitution states, “The United States shall guarantee to every state in this union a republican form of government.” A republican form of government is one in which the ultimate lawmaking power resides in representatives elected by the people.
However, in the name of stopping the coronavirus, more and more state governors are ruling by decree, restricting freedoms and ordering residents to stay home.
Due process is being eroded as governors and mayors across the country take away the livelihood of their residents, restrict people’s freedom to travel, and forbid religious gatherings in places of worship.
While some state restrictions have since been relaxed, many others remain in effect by governors’ decrees and little has been done to restrain this overreach of power. The focus of the restrictions has now shifted from blatant lockdowns to mask orders, bans on certain public gatherings, and other egregious examples.
We cannot let this overreach of power continue. Each usurpation of power needs to be met with the appropriate constitutional solutions. Take the opportunity to review your state constitution to see what your state legislature can do to be a check on your state’s draconian measures.
With your help, we can effectively act to stop the virus and do so in a manner that respects our rights.
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