No One Has the Authority to Mandate Masks for Everyone
” … the power of law to force a human being to wear a mask at the federal or state level simply does not exist in the United States.” ~ Judge Andrew Napolitano
Americans are facing one bit of tyranny heaped upon others at a breathtaking rate, that we never would have expected to see in our country at this advanced stage of our history, and to a large degree the current “Covid Crisis” is the mechanism of its advancement. The push for the continued enforcement of illegal, unconstitutional mask mandates by small-minded petty bureaucrats and government workers everywhere is a large part of this anti-freedom and anti-liberty agenda advocated by the worst elements of local, state and federal governments, raising the blood-pressure and the ire of many Americans from all walks of life, who recognize this as the tyrants demands for our submission, in the face of their erroneous science and lies.
Not one single individual, not the first executive of any branch of government, not any governor and not the President of the United States and certainly not any mayor of any city or county, has any legal or legitimate authority to mandate that the entire healthy population don masks, under the pretense that these masks stop the spread of any disease, when the CDC’s own information and numerous recent studies state the contrary. They only have the authority to enhance and facilitate the implementation of existing legislation passed by a sitting legislative body, and there isn’t one single law on the books that gives them the power they have taken for themselves under this Covid imbroglio; and, never in our entire history, not even during the deadly Spanish Flu pandemic of 1918, have we ever penalized the entire population.
On April 16th, between one and two o’clock p.m., my first born daughter had a misadventure at the Department of Motor Vehicles, in Sumner County, Tennessee, simply because she sought to get her tags without first donning a mask, even though numerous other people were already sitting in the waiting area without masks. The lady at the counter told her that she couldn’t even talk to her without a mask, to which my daughter quickly countered by noting that another woman was receiving her tags without a mask and a police officer had just been nearby without a mask. Needless to say, my daughter was furious, and rightly so.
How does one get past this sort of coercion, when a government office withholds service of something like one’s tags, unless one complies with an illegal, unconstitutional, illegitimate mandate?
Make them get their supervisor and ask for a confirmation in writing that they are being refused service even though no legislation requires them to wear a mask. Accept the ticket one will surely later receive, for driving without tags, and then go to court to fight it under the grounds that government malfeasance and incompetence is to blame; and, if necessary, refuse to pay any ticket or tickets received, and then stand with the other mistreated citizens of one’s community under a lawyer’s guidance to sue the county for its infringement on their constitutional rights.
This process may lead to a list of other problems, such as suspended licenses and arrests and jail, which are too much for many to stand and bear, especially when they have children in school and families depending on them to get back and forth to work. And this is what the tyrants know and count on, as they have no compunction over making one or all dissenters into criminals for the simple act of standing up for what is right.
As one can readily see, a person might avoid any grief from the mask mandates for a long time, just as I have avoided any problems or confrontations, until something like this arises. Eventually, tyranny allowed to go unanswered touches us all.
Some suggest that states do have the legal right to pass such legislation, and perhaps they do. However, under the incorporated “due process clause” of the Fourteenth Amendment, the states cannot “deprive any person of life, liberty, or property without due process of law”. States might technically have such a right, but in that mask mandates deprive us of our liberty and individual sovereignty, they are virtually unenforceable in many respects, and so, any dissent and legal challenge against any mask mandate is on firm legal ground.
And, I would also retort that if I am healthy and representing no risk to others, any such “law” or mandate represents an illegitimate government intrusion and a massive government overreach; and if anyone thinks others “may be sick” and just not symptomatic, then you can wear a damn mask, but you cannot force me and all America to don one due to your own irrational fear of a virus that has a damn near 99 percent survival rate.
Don’t people recognize, if states actually believed this to be the existential threat that the Leftists of America are screaming it is, they would have already passed legislation to move in this direction? Instead, here in Tennessee, legislators have proposed bills to ensure that businesses and government offices cannot discriminate and refuse service to anyone not wearing a mask or who has rejected the Covid vaccine [see SB320/SB187/HB13/HB0794], and several other states are doing much the same.
These mask mandates in too many instances serve only as a burden on the public peace, health and the safety of all Americans, for a litany of sound medical reasons that I have hashed and rehashed in a dozen other articles. And, once one sees the theatrics of Dr Anthony Fauci and his admitted lies to mislead the American people, as he flip-flops all over the place on the necessity of wearing a mask — one day saying they are a must, the next saying abandon them — it is not clear what, if any, scientific and clinical basis for wearing facemasks as a protective strategy might be, especially knowing for a fact that facemasks restrict breathing, cause hypoxemia and hypercapnia and increase the risk for respiratory complications, self-contamination and the exacerbation of chronic conditions.
And then there are the cowards who would tell us, “It’s just a facemask”. Only a coward so readily takes refuge in such a poor excuse to give up even the slightest portion of one’s individual liberty, as their words illuminate the fact that they were simply searching for the right reason to acquiesce to the unwise, such as Fauci and those adhering to Fauci’s willful ignorance. The words of cowards holds no value to me and it shouldn’t have any for anybody else, either, since they take comfort in cowering before the tyrants and huddled alongside their own ilk.
Sadly, once the power was discovered that came with these mask mandates and lockdowns and such, government bureaucrats and their lower-level agency workers have steadily and constantly facilitated the coercion and bribery of businesses to act on their orders, in essence to restrict the opportunity for free people to engage in commerce based upon wearing masks and medical procedures they may or may not have received. The mask mandates are simply the beginning, and now that we see government offices using them as an arbitrary tyrannical means of control, it’s readily apparent that many in our society want to use them to exert total control over how Americans will be allowed to simply live and interact in public spaces.
According to Judge Andrew Napolitano, although public safety and health falls under the Tenth Amendment and to the general oversight of the states, even they have limits on their authority in this regard. Speaking on Fox News one day, Napolitano stated that the states could not legitimately mandate people must wear masks, stating:
“If a person is known to be contagious, the state could require that person to be quarantined or wear a mask, but anything short of that, the state cannot interfere with that person’s freedom of movement or freedom to wear or not to wear a mask, so the government’s authority is really limited here no matter how aggressive the pandemic may become.”
However, Napolitano did clarify that states could require people to wear masks inside property they own, which cannot be right, in that the state supposedly represents all the people, even those who refuse to comply with mask mandates. Therefore, it must be left to each person as a free individual to decide for themselves whether or not they wish to wear a mask or not.
One father, a soccer coach in Kentucky, made his stand against Kentucky’s mask mandate, refusing to make his daughter wear one, and lost a good job, because he refused to comply, or sit down and remain silent in the face of this tyranny. And due to the courage he exhibited, he is also the father of the only soccer player in his city who plays without a mask; this is the sort of courage all of America’s parents, and everybody else too, needs to find, if they expect to hold onto any semblance of freedom and liberty in days ahead.
Any American failing to act decisively at this important juncture in our history, to ensure liberty and freedom for future generations, is sorely lacking in the principles and virtues that America was founded upon. It is unconscionable to let this government overreach to continue at any level of government, and what we do now as a people and a society will determine the fate of freedom and humanity in our country for the rest of the century.
If one chooses the coward’s path, at least be honest with those depending on you to let them know you will not be there for them. At least that way, they will not be surprised or unprepared, when looking for ways to defend themselves and people who will stand alongside them, or in front of them in the coming battles.
As H.L. Menken noted in 1922: “All government, in its essence, is a conspiracy against the superior man: It’s one permanent object is to oppress him and cripple him … One of its primary functions is to regiment men by force, to make them as much alike as possible and as dependent upon one another as possible, to search out and combat originality among them.”
The forced mask mandate upon Americans anywhere — the imposition of these Chines face burkas — is impermissible and insufferable for anyone with any backbone, integrity and virtue, since they go against the very principles that America was founded upon and the idea of limited government, and they must not be allowed to serve the tyrannical ends for which they are now employed. If the petty tyrants among us can mandate that we all wear a mask for through their own devious and arbitrary “logic” and mechanisms outside constitutional law, then they can mandate anything at all in our lives, even up to and including that we must lick their boots every Friday.
Americans must not let these petty tyrants succeed in facilitating government rule-making for the sake of government rule-making, just to show that they command and we are to obey. Resist and refuse to comply at every turn in the road, and fight this regime and any other government entity like all manner of hell is descending upon you and yours, like your life depends on it, in order to prevent the deep entrenchment of a government that demands our total obedience, with the ability to enforce it. Our liberty, our lives and our futures depend on what we all do from this day forward.
Be brave. Be courageous. Spit in the face of these unconstitutional and illegitimate power grabs and fight like hell to ensure that America’s future generations will be living free for many centuries.