Why COVID Orders Are Not Law And The Many Ways They Could Be Stopped

Why COVID Orders Are Not Law And The Many Ways They Could Be Stopped

When news of COVID lockdown orders began to be reported back in early 2020, my immediate concern was not over the virus but the lawfulness of the orders. Yes, the virus matters and should be researched by doctors so they can advise their patients as to the best methods of prevention and/or treatment. However, without the rule of law, we have no protection of our God-given rights, including the right to life. Therefore, rights and the rule of law are paramount, even above COVID.

I quickly observed that the lockdown and shutdown orders being issued violated God-given rights, were not constitutionally authorized, and therefore lacked the force of law. As the orders that were promised to be for only a few weeks dragged on into months, it became clear we’d been lied to and that action needed to be taken to restore the rule of law.

I had already been pondering the many ways such violations could and should be stopped and how the usurpation of power by governors could be put in check. However, neither elected officials, political leaders, political parties, nor the big-name organizations of the right seemed ready to step up to the plate and provide the bold and decisive action needed. Without such leadership, the rank and file were effectively sheep without a shepherd, able only to bleat out a modicum of disapproval at their rights being violated by executive orders.

Before discussing the actions that could and should have been taken to put an immediate stop to the violations, there needs to be an understanding of God-given rights and the rule of law that lie at the foundation of this matter.

God-Given Rights

God-given rights are those things which the Creator of man decrees by His word, or reveals through the design of His creation, to be right for the creature of His creation. Man cannot add to himself rights not conferred by his Creator, nor can any remove from man the rights conferred by his Creator – they are immutable.

According to the American Founders, as articulated in the Declaration of Independence, the purpose of civil government is to secure God-given rights, among which are:

  • LIFE: including the right to choose how to care for the health of that life.
  • LIBERTY: both to come and go, freely associate, and worship.
  • PURSUIT OF HAPPINESS: through ownership of property and stewardship of the fruits of one’s labor, which necessitates freedom to operate, or be employed in a business.

The Founders deemed these principles to be of such paramount importance as to state that whenever “any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…”

Closing churches, shuttering businesses, locking down citizens, and banishing people from the workforce for declining to be injected with a foreign substance, all violate these sacred rights and violate the very purpose for which governments are instituted among men.

The one traditional, Biblically-based exception, is the quarantining, or social distancing, of individuals found to be infected with, and currently contagious with, a disease known to be generally deadly or debilitating, such as leprosy was in Bible times. However, with well over a 99 percent survival rate among the infected, COVID is far from inherently deadly, and “if” a person does get infected, they are generally only contagious for a couple of weeks, not two years.

Romans 13:10 tells us that, “Love does no harm to a neighbor.” While that would compel those who are currently contagious with COVID to stay home, it also compels the rest of us to do no harm to our neighbor’s liberty or livelihood during the other 50 weeks of the year that he is not a threat to our health. Long-term, society-wide, lockdown-shutdown-maskup-vaxup orders show the antithesis of love, do harm to our neighbor, and violate his God-given rights.

The Rule of Law

Government operates by law, law operates by authority, and authority operates by chain of command. God, as the Creator, is the source of all authority. The Creator has delegated a measure of His authority to man with which to exercise dominion here on earth. Man has in turn delegated a subset of that authority to civil government by the consent of those who will be governed.

Here in the United States, the precise amount of authority delegated by we the people to our government is spelled out in our state and federal constitutions, each of which enumerates the specific powers therein granted. Any powers not enumerated in the U.S. Constitution are reserved to the states and the people (Tenth Amendment). Any powers not enumerated in a state constitution are reserved to the people alone.

All legislative (lawmaking) power is vested in Congress at the federal level, or a legislature at the state level. Therefore:

  • Because the COVID lockdown-shutdown-maskup-vaxup orders have not been voted on and passed by the state or federal legislative assemblies, and;
  • Because neither the state (at least in my state) nor federal constitutions grant power to government to regulate or dictate personal healthcare, and;
  • Because these orders violate the God-given rights of healthy (not currently contagious) individuals, and;
  • Because the executive branches of state and federal government that issued the orders do not have lawmaking power;
  • Therefore, no such orders can be law, nor do they have the force of law.

“But what about emergency powers acts passed by Congress or state legislatures?” Well, what article, section, or subsection of the constitution grants to the legislative branch the power to grant to the executive branch powers not granted by we the people to either branch?

The idea of emergency powers is ludicrous. Such a concept would serve as a blank check for the government to grant to itself whatever powers it wants. It would render the very idea of a constitution utterly meaningless. That’s why the American founders made no such provision in the U.S. Constitution nor is there such in my state constitution.

Even if a state has laws providing for the quarantining of persons known to have certain infectious diseases, blanket application of lockdown-shutdown-maskup-vaxup orders to the entire population without verification of an individual’s infectious status violates the due process of law. It effectively skips the step in law where evidence of wrongdoing is required and proceeds instead directly to sentencing. It’s equivalent to a state suspending everyone’s driver’s license over the holidays because some might drink and drive. Even if it saves a few lives, it voids due process and violates everyone’s rights.

Seven Ways the Violations Could Be Stopped

Seeing that blanket application of lockdown-shutdown-maskup-vaxup orders violates God-given rights and the rule of law, let’s look at some of the ways they could, and/or should have been stopped.

1) GOVERNORS

No governor was forced to lock their state’s citizens in their homes, suspend religious services, shutter businesses, or make healthy people wear masks. And though President Trump once said he would have made states implement shutdowns had they not done so on their own, neither the President nor governors have the constitutional authority to make such policies law.

Of 27 Republican and 23 Democratic governors in 2020, only one chose to confine herself to the powers granted in her state’s constitution from day one – South Dakota’s Kristi Noem (see the last section of this article).

“But I thought the Republican governors were better than the Democrats.” Well, if by “better” you mean they violated their citizen’s rights less, or for a shorter period, then yes, some Republicans did that.

Regarding President Biden’s current unconstitutional vaccine mandate on employers, Florida’s Governor Ron DeSantis appears to understand and be performing his duty to protect the citizens and employers of his state against unlawful federal overreach. Only time will tell how many of the governors currently echoing DeSantis’ sentiments possess the courage to follow through or how many are just making the noises conservative voters want to hear.

2) STATE ATTORNEY GENERALS

Any state attorney general who has read the Declaration of Independence, has a rudimentary understanding of God-given rights, and knows that only legislatures can make law, should have been at the governor’s office the day after any shutdown-lockdown-maskup orders were issued reminding the governor that he does not have such authority and that to avoid prosecution for violating the rights of the citizens, he must cease and desist.

3) STATE LEGISLATURES

Whenever a governor usurps to himself power not constitutionally granted by the people or uses power in a way that violates the God-given rights of the people, it becomes the duty of the state legislature to bring impeachment charges against the governor and remove him from office.

Republicans hold a majority in the legislatures of 30 states with a veto-proof supermajority in 16. If they’re really the defenders of law and liberty, then Republicans missed a great chance to prove it by impeaching 29 governors and removing 15 (accounting for South Dakota where the governor did not engage in usurpation).

The Biden vaccine mandate on employers provides an excellent opportunity for state legislatures to practice the principle of nullification, passing resolutions declaring the businesses of their state exempt from the unlawful edict and pledging the state’s protection to those businesses choosing not to comply. Though some Republican legislatures are making noises about passing bills to protect workers against forced vaccination, sadly, some appear to be planning to simply place a reverse mandate against employers, not taking a real stand for the rule of law but instead taking the coward’s way out and leaving employers stuck in the middle between opposing state and federal mandates.

By the way, the Trump moratorium on evictions was just as unconstitutional as Biden’s vaccine mandate, though I don’t recall these same Republican legislators opposing that, which tells me their current indignation is more about partisan politics than devotion to principle.

4) THE COUNTY SHERIFF

As the highest law enforcement officer in the land, it is the duty of the county sheriff to interpose between overreaching state or federal officials and the citizens of his county in defense of their rights. I would like to think this happened in at least a few of the 3,143 counties in the U.S., but I’ll rely on readers to let me know if it happened in their county.

5) THE COUNTY COMMISSION

When a governor takes to himself powers not delegated by the state’s constitution and begins to violate the rights of citizens, it becomes the duty of the county commission to adopt a resolution acknowledging that the governor’s orders are without the force of law and may not be enforced upon the citizens, businesses, or churches of their county. The resolution should further call upon the county sheriff to repel any state officers seeking to enforce such orders or impose any resulting fines.

6) PRESIDENT

It is the duty of the President of the United States to use the bully pulpit of his office to articulate, and when necessary, reassert the God-given rights of the people and the duties of state and local authorities in preserving those rights.

The U.S. Constitution, Article IV, Section 4, guarantees “to every state in this union a republican form of government,” which is to say, government by the rule of law as opposed to government by edict of an executive. The lockdown-shutdown-maskup orders issued by governors in 2020, and continuing in 2021, give cause for the President and Congress to remind states of this provision and call misbehaving governors to account.

However, neither Presidents Trump nor Biden have so used their bully pulpit but instead chose to hand it over to an unelected bureaucrat named Anthony Fauci.

7) WE THE PEOPLE

The last line of defense against tyranny is always “we the people,” both through the courts, and when necessary, through acts of civil disobedience that obey the rule of law rather than the edicts of tyrants. In the case at hand, this would consist primarily of individuals, churches, and businesses declining to obey the unlawful lockdown-shutdown-maskup-vaxup orders. And yes, this would necessitate a legal defense against the ensuing fines that would be levied, and that would require we the people putting our money where our mouth is in the form of donating to such undertakings.

There are a few smaller organizations that have taken on some court cases around the country, but where are the big organizations and the big money of the right? Where are the multi-million dollar entities that are hallowed in the halls of CPAC every year? Where are the political heroes of the right who the faithful pay hundreds of dollars per plate to attend dinners with and fawn over their words?

In 2020, $6.6 billion was spent on presidential campaigns. A fraction of that diverted to court cases could have overwhelmed the system and brought unlawful COVID orders to a grinding halt under the weight of more legal battles than governors could fight. Such a response by we the people could have set legal precedents that would have done more to preserve liberty than electing any president has done in our lifetimes.

Yes, we can also write to our representatives, begging and pleading that they defend our rights. We can even hold rallies and march through the streets of our cities calling for medical freedom, as I recently did with a group of several thousand here in Spokane.

We’ve Elected the Wrong People at Every Level

However, at the end of the day, one thing remains – we are and will be, governed by this, or some other form of government that will either venerate or violate our God-given rights. Therefore, the effectiveness of any activism by “we the people” ultimately depends on our having first elected, to at least some levels of government, individuals who understand our God-given rights and possess the courage to defend them when our pleas reach their ears. But the fact that we find ourselves relegated to action item number seven in the list above, stands as evidence that we’ve elected the wrong people to every level of government that could have been used to interpose on our behalf.

Yes, there is a handful in Congress, and in most state legislatures around the country, who still contend for God-given rights and the rule of law, about five percent by my last estimate, though a friend and former state rep in Montana thinks that’s a bit optimistic.

And how did we get to the place of electing all the wrong people? We did it by the conservative movement spending decades pursuing political power at the expense of whatever principles Republican leaders told the faithful they had to compromise away to beat the Democrats.

A Precedent Is Being Set

Failure to actively resist a violation quickly becomes acquiescence and acquiescence is eventually counted as consent.

After over a year and a half of suffering unlawful violations without clear and decisive action in defense of our rights, we now stand at the point where further acquiescence could rightly be interrupted as consenting to the forfeiture of the very concept of there being such a thing as inherent and immutable rights. We have begun to set the precedent of government being no longer by the constitutional rule of law, but by whoever has the most guns, bureaucrats, judges, and political will to subjugate the masses.

For rights and the rule of law to be restored to America will require repentance from the cowardice, compromise, and inordinate party loyalty that brought us to forfeit our heritage of freedom in the first place. Only a spiritual awakening and reviving by the Spirit of God can restore the moral character and courage that will be needed. Hopefully, such a restoration can be realized without bloodshed, but that may be for a future generation to discover.

© Robert W. Peck

Republish with attribution

The Constitution Party Response to Federal & State Mismanagement of Covid-19, Mask & Vaccination Mandates

THE FEDERAL GOVERNMENT’S ANSWER TO COVID 19

The Constitution Party Response

The Constitution Party extends its sympathy and prayers to our fellow Americans who have lost loved ones and friends to the virus over these pandemic months. There are people suffering in ways other than the health destroying effects of the virus. Many are afflicted with depression and other mental and emotional problems resulting from economic loss and government lockdowns.

The federal response to the covid-19 virus has been wrong in so many ways.

  1. The government refuses to be straight forward about the origins of the virus thus leaving people in the dark and making treatment more difficult. The Constitution Party suggests that a little bit of honest information would go a long way toward solving the problem.
  2. The government and its various bureaucracies like the CDC and the FDA seem more intent on creating and stoking panic in the American people than in providing proper medical advice based on research not bought and paid for. The Constitution Party recommends a calm voice of reason giving proper advice backed by research and most of all logic. In other words, the advice should not conflict with basic logic and common sense.
  3. The federal government has made response to the virus into a global issue by stating that every human on earth must be vaccinated.  The Constitution Party opposes this global, but unproven solution.
  4. According to the federal government masks and vaccines are the only permitted answer to the Covid virus, the Constitution Party points out that the graphs from state to state and country to country indicate that both are ineffective and make no difference in rates of infection.
  5. The federal response of lockdowns and vaccine mandates are simply commanded tyranny, and both do far more harm than good. The Constitution Party opposes such tyrannical methods of dealing with the problem and recommends letting individuals decide in their own way what they will do.
  6. Cancel culture managed from the federal level suppresses opposing views. The only views one reads in government directed publications like the New York Times and Washington Post are government press releases designed to create panic and terrify people into being vaccinated. The social media giants have been willingly utilized to spread fear and panic as well as prevent alternative views from being heard. The Constitution Party recommends a free press and states that where the press is captive as it is now, tyranny inevitably results.
  7. The federal government has in effect set aside the Constitution. For example, freedom of speech is denied, churches are ordered to close as nonessential, and travel is restricted. The Constitution Party with its very name; opposes all unconstitutional actions by government.
  8. The federal government with the assistance of the Federal Reserve has severely damaged the American economy and with it the ability of people to work and earn a living. Government lockdowns, business closures, paying people not to work, damaging production, and interfering in contractual matters — once again, the Constitution Party opposes all such unconstitutional actions by the government.
  9. In an effort to end state sovereignty, the federal government has attempted to exert federal control over the actions of state governments. Governors who oppose any portion of the federal response are demonized in the government press. The Constitution Party supports the right of governors such as Ron Desantis of Florida, Kristi Noem of South Dakota, and Greg Abbot of Texas to run their states as they and the people of their states desire. A one size fits all approach from Washington is the federal way, but it is not the constitutional way.

Finally, the Constitution Party states that this pandemic has been and is continuing to be damaging to this nation. Actions by the federal government will perhaps prove permanently damaging to freedom and individual rights. An old adage holds that there is no problem that the federal government cannot make worse. That adage has been proven true by the recent actions of the federal government in its response to the virus.

Thus, this is a perfect opportunity for the people of this nation to turn to God for their salvation, not to the false god of government.

Darrell Castle, Esq. is an Attorney and has held many leadership positions in the Constitution Party, including 2016 Candidate for President. He may be reached at Dlc25861 [at] aol [dot] com or (901) 484-8192

Constitution Party of New York, November Newsletter 2021

                          Constitution Party of New York  
                                   November Newsletter 2021


I need to talk about COVID 19 Deaths.
There are thousands of “COVID” counted deaths reported that have nothing to do with COVID itself!
Cardiac Arrest is one condition attributed to COVID. As you can see from the Cardiac Arrest website the symptoms do not mention anything about COVID. Yet 83,907 Cardiac Arrest deaths were attributed to COVID through 2020-2021.
Symptoms
Causes

  • · The immediate cause is usually abnormal heart rhythm as a result of a problem with the heart’s electrical system. If the flow of electrical impulses or sinus node has a defect, arrhythmia (irregular heart rhythm) is seen. Ventricular fibrillation is a type of arrhythmia that is the most common cause of cardiac arrest.
  • · Arrhythmias develop in people with conditions such as:
  • · Heart attack- often due to coronary artery disease
  • · Cardiomyopathy
  • · Congenital heart disease
  • · Heart rhythm abnormalities
  • · Coronary heart disease

Hypertensive Diseases is another “COVID” attributed disease. There were 133,101 Hypertensive death in 2020/2021 that were not COVID deaths but were counted as such.

Heart disease is the leading cause of death for both men and women in the United States. Over 610,000Trusted Source Americans die from heart disease every year. “Hypertensive Heart Disease: Types, Symptoms, and Diagnosis (healthline.com)

Your risk increases if:

        you’re overweight
you don’t exercise enough
you smoke


The main risk factor for hypertensive heart disease is high blood pressure. you eat food high in fat and cholesterol
You’re more prone to heart disease if it runs in your family. Men are more likely to get heart disease than women who have not gone through menopause. Men and postmenopausal women are equally at risk. Your risk for heart disease will increase as you age, regardless of your sex.
There is no mention of a COVID like virus to cause hypertension.
From the CDC website, “Counts of deaths from all causes of death, including COVID-19, are presented. As some deaths due to COVID-19 may be assigned to other causes of deaths (for example, if COVID-19 was not diagnosed or not mentioned on the death certificate), tracking all-cause mortality can provide information about whether an excess number of deaths is observed, even when COVID-19 mortality may be undercounted. Additionally, deaths from all causes excluding COVID-19, were also estimated. Comparing these two sets of estimates — excess deaths with and without COVID-19 — can provide insight about how many excess deaths are identified as due to COVID-19, and how many excess deaths are reported as due to other causes of death. These deaths could represent misclassified COVID-19 deaths, or potentially could be indirectly related to the COVID-19 pandemic (e.g., deaths from other causes occurring in the context of health care shortages or overburdened health care systems).
There are many many, more illnesses attributed to COVID that have nothing to do with COVID.


New Member: Let’s all welcome Michael Bouchard from Albany. Welcome aboard Michael. We are honored to have you with us.  
Membership is only $20.00 per year. For membership information and application send me an email wwilday@nycap.rr.com

How a Bill Becomes a Law in New York State
How You Can Help

The job of the Senate is to work with the Assembly and the Governor to enact, amend or repeal statutes which make up the body of laws within which we live. This involves drafting, discussing and approving bills and resolutions.
This document is intended to help you better understand the process, and more significantly, to help you identify those points where your contribution is important — and sometimes crucial.
The text shows the process in a simplified progression from “Idea” to “Law.” At any step in the process, participation by a citizen or group of citizens is as easy as making a call, writing a letter, or signing a petition being sent to your Senator, any other legislator or the Governor.
The Idea


This is the starting point in the process, and the first point at which the citizen has a chance to have a say in the writing or rewriting of law.
Subjects of legislation are as varied as the range of human activities. Someone once said that legislation deals with birth and death, and everything in between.
Ideas for legislation come from many sources. A Senator may have an idea. One of his or her constituents may point out a need. A State official may propose a change. An organization may espouse a cause that requires a change in the law. There is no monopoly on ideas for legislation.
Often, one person’s idea on how to solve a problem has resulted in good legislation to help solve the problems of many people.
More in the next newsletter!  
Treason: Article3, Section 3-Treason” Treason against the United States, shall consist only in levying War against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of Treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have the power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the life of the person Attained.”


When President Biden authorized the withdrawal of troops from Afghanistan, leaving American citizens behind, leaving approximately 85 BILLION dollars of sophisticated equipment and arms, making agreements with a known terrorist group and now sending this same terrorist group millions of dollars in taxpayer money he and some others, in my opinion, committed the act of treason.
Wouldn’t allowing the Taliban to set the rules for withdrawal and having our enemy dictate the terms, adhering to the enemy? Isn’t that a treasonous act?
Wouldn’t allowing the Taliban free access to our most sophisticated aircraft, tanks, personnel carriers, night vision goggles and rifles and handguns be a treasonous act?
Wouldn’t giving the Taliban the comfort to use those weapons against the American military and even citizens be a treasonous act?
Wouldn’t ignoring the Constitution and our immigration laws and allowing millions of illegals to cross our border and invade our country be an act of treason?
President Biden and anyone else that signed off on these acts of treason must be arrested and put on trial for treason under Article 3, Section 3 of the United States Constitution!

Real ID Resolution


by the Constitution Party National Convention – April 2012 – Nashville, Tennessee
Be it resolved that the Constitution Party is opposed to the Real I.D. Act and all measures to institute a national I.D. and seeks to repeal the Real I.D. Act and urges State legislatures to nullify any and all such acts and all regulations that restrict the Constitutional right to travel.

The Role Of County Sheriffs In Saving Our Constitution Resolution
by Constitution Party National Committee – October 2009 – Phoenix, Arizona

Whereas, the County Sheriff in the United States exercises great authority in matters of law enforcement in his individual county; and

Whereas, Sheriff Richard Mack, former Sheriff of Graham County, Arizona, in 1994, became the first sheriff in the confederation to file a lawsuit against the Brady Bill, requiring state and local law enforcement officials to perform mandatory background checks; and

Whereas, Sheriff Mack won a Supreme Court victory which ruled the provision unconstitutional; and

Whereas, Sheriff Mack, endorsing the action of Sheriff Nixon of Lincoln County, Montana, suggests that he would, in the future not file a lawsuit, but simply say “No” to the enforcement of  unconstitutional acts; and

Whereas, an excellent article entitled, “Can the County Sheriff Save Our Constitution?” concerning Sheriff Mack’s experiences and advice, appears in the October 12, 2009 issue of The New American; and


Whereas, the Constitution Party of Florida is presently preparing to forward copies of this article under a cover letter from our Party to all 67 County Sheriffs in the State of Florida, requesting that they endorse the procedure of Sheriff Mack in present and future unconstitutional mandates; and

Whereas, such action on the part of our County Sheriffs might well be effective in halting  unconstitutional programs and mandates in our country; therefore be it

Resolved, That the Constitution Party at the National Committee Meetings in Phoenix, Arizona, strongly urge all State Parties to follow the Florida example to make certain that every County Sheriff in the United States of America has access to this article with our Party’s request that they reject said mandates.

Look for my “Letter to the Editor” that I have submitted today in the Daily Gazette, Schenectady.

The November Calander:
November 02 Election Day
November 07 Daylight Savings  
November 10 CPOFNY Monthly Meeting*
November 11 Veterans Day
November 24 CPOFNY Meet N Greet*      
November 25 Thanksgiving Day
11/10 www.freeconferencecall.com/wwilday
11/24 www.freeconferencecall.com/wwilday
                          William D. Wilday-Chairman  
wwilday@nycap.rr.com
CPOFNYMEMBERSHIP.docx


That’s it for now people. Click on the membership application attached.
 William D. Wilday-Chairman            CPOFNYMEMBERSHIP.docx