Judge Napolitano is considered an outspoken news contributor. And while we disagreed with his take on impeachment, it’s hard to argue his insight and experience.
With the country reeling from the COVID-19 lockdowns, the judge is laying out a clear argument on why states were out of bounds.
In fact, he is accusing governors and mayors of violating the Constitution.
“The governors of all 50 states and the mayors of many large cities have assumed unto themselves the powers to restrict private personal choices and lawful public behavior in an effort to curb the spread of COVID-19.
They have done so not by enforcing previously existing legislation but by crafting their own executive orders, styling those orders as if they were laws…”
Judge Napolitano is arguing that governors, along with many mayors, violated the Constitution to impose lockdowns.
He is pointing to the fact that these leaders did not enforce previously existing laws, but passed executive orders forcing Americans into their homes.
Additionally, they did not go to their legislatures to pass these new rules. They did it by themselves, almost like dictators.
They even called on state and local police to enforce these “so-called laws,” going as far as to arrest or fine American citizens.
Judge Napolitano argues that no judge would permit a criminal trial of someone who broke one of these executive orders.
His argument seems to holds water. Where is it stated in our Constitution that governors can just wipe away our rights with an order?
Most executive orders apply to state or federal agencies. They are not laws and, by their very nature, shouldn’t apply to American citizens.
Yet we watched governors pass orders that made it illegal for Americans to go about their daily activities.
Business owners were not allowed to open up. Churches couldn’t hold services (even drive-in services). And police fined or arrested Americans for just visiting friends at home.
Can a virus justify such extremes? Judge Napolitano doesn’t seem to think so. And neither do we.
Already we’ve seen many lawsuits aimed at governors over their orders. More will probably come in the coming weeks and months, preciously over what Napolitano is saying.
In fact, we need the judicial branch of our government to decide—once and for all—what governors can really do in a crisis.
Can they shut down states, without backing by their legislatures? Can they really use a crisis to rob Americans of their rights?
Author: Adam Casalino
Source: Patriot Journal: Judge Napolitano Drops His Gavel, Claims Lockdown Orders Violate The Constitution