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Opinion: Constitutionality of Coronavirus Lockdowns in Question

In the past couple of months, we have seen our country go into a variety of different stay orders. In each case, the states have created an overreach that infringes on personal rights. Those rights which are granted to us by both our creator and our founding documents.

The Sacramento Bee ran an article in March that claimed the stay orders were constitutional. The argument was that the government could expand its power in a public health crisis. The result is a massive government rule that overrides any personal rights.

The argument is based on the 1905 ruling of Jacobson v Massachusetts. In that case, the state of Massachusetts wanted to force residents to take smallpox vaccines. There was not one single mention of mandatory quarantine or stay orders in that case.

The National Institute of Health (NIH) looked into the case and said that they do not believe it is constitutional for a state to force someone to take vaccines. They argued for the segregation of infected versus non-infected individuals. Later in the same article, the NIH concluded that mandatory quarantine would most likely be unconstitutional as well.

I have shared that I do not believe these stay orders are constitutional. On Wednesday, the Wisconsin Supreme Court agreed as it struck down the stay orders in the state. Now, Democrats across the country are saying that the measures were saving lives and preventing coronavirus spread, and soon countless people will die.

It’s the same story that we have heard for months about the coronavirus. These are the same arguments that ignore the data and the information that has been learned.

Coronavirus infections are more widespread than we ever thought. Well, more extensive than the media would indicate. If someone considers the amount of travel to and from China, it’s easy to understand that this virus was here long before late January or February. There is no doubt this virus was in the United States in 2019.

But the media will continue to argue that. They will continue to push the narrative for the shutdowns and the stay orders. It is all part of the propaganda that they will push for the Democrats. It is all an effort to try to eliminate President Trump.

Finally, others are starting to recognize the error in giving up their freedoms for these stay orders. The Hill reports over a dozen other suits are making their way through the courts in regards to the stay orders. It’s about time.

No one is arguing the need to protect those who are most vulnerable. Many are willing to wear masks, socially distance, or even encourage those who are most at risk to stay at home. The issue is that millions of Americans are suffering at the hand of the stay orders.

To date, the United States has approximately 1.5 million cases of the coronavirus. We have tested more than any other nation and are finding asymptomatic cases every day. So there are 1.5 million people suffering from the coronavirus, but we have over 36.5 million suffering from the stay home orders. How does that seem logical?

We are far from overwhelming the healthcare system. Most people who may contract the virus will recover without difficulty. Why are we forcing so many Americans to suffer?

It is time for a common-sense approach to reopening our country. The stay orders have been an overreach and need to be eliminated. I am more than happy to wear a mask and social distance as are most Americans. It’s time to get our economy back on track.

Jared Dyson is the Editor-in-Chief at The Liberty Loft and host of The Jared Dyson Show podcast.

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Jared Dyson

Jared Dyson is the Editor-in-Chief at The Liberty Loft and host of The Jared Dyson Show on Apple Podcasts, Google Podcasts, Spotify, TuneIn, Pandora, or iHeart Radio. 

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  1. I agree, and it is NOT Constitutional nor a LAW that prevents you from going out publicly, seeking your happiness or success by working. There is NO LAW that can force you to wear a mask, stay at home, have a vaccine! There is an unwritten Law:common sense and respect for fellow man, But that is the Law of the Gods, not man!

  2. The Constitution: The most used, abused and coveted document in the history of our Nation…..We go blissfully about our lives…until someone objects, then we shout to the heavens “I have the Constitutional RIGHT !!!!…..or….we object to other’s actions and we yell “It’s not Constitutional.” More often than not, the subject isn’t even mentioned in the Constitution…

    Our Creator blessed us all with ‘free will & common sense”….and expected us to use them…..Just as we would ‘protect’ a toddler from running into the street….those we chose to ‘be in charge’ try to protect us from …of all things,…ourselves and lack of ability to use that common sense.

    OK<, so you have the right to roam the streets among the infected….does that also give you the right to endanger my health….

    We need the economy open….but use your head , man, for something other than to hold your hat !

  3. Socialism – where government comes first. Everything else is taken care of as the government sees fit. At first they give you what you ask for, they need to make sure you’ll follow them when they call. Then they will start taking from you. That’s when you know it’s not what you thought it was. But it’s too late. MO.

  4. Frederic Bastiat (French Politician) said it very plainly in “The Law”; the only right purpose of governments to give force to the Law (common Law; that pre-exists ANY government of man!!) that EVERY human being has the (natural) Right to protect his own life and property. The Declaration of Independence, which preceded both the Federal Constitution, and Frederic’s most astute summation says -“that in order to protect these rights governments are instituted by men, deriving their just powers from the Consent of the Governed.”

    EVERY STATE under its Compact to become a member of this Union swore to uphold our Sovereign – that Final Authority of all LAW of this land – Our Constitution!!!

    I continue to be astonished at how ignorant even good conservatives are – If they were Americanists they would already know this; Government is not instituted to “TAKE CARE OF YOU!!!!”

    If you are a Christian you should NEVER expect man’s government to take care of you. He is there to take care of you. All government’s of man seek to control you – for some individual or oligarch of individuals personal purposes! They THINK they are so wise that they foolishly believe you and I are so stupid. Sadly, they are often correct – we are STUPID; for not knowing the Truth – no man is born a master and no man is born a beast!!

    Frederic went on to say ; all other purposes of government are THEFT – and I would add slavery and murder!

    What Evidence do we have that we should ever trust ANY Government of mere man? Throughout history is has been man’s government that has murdered MORE human beings than EVERY other plague or natural catastrophe COMBINED!!! If you think government and man’s laws – most of which are entirely UN-JUST – then you deserve what you get!!!

    I shall place my trust in the Kingdom of Heaven and if you think I am foolish for doing so then you are the FOOL! And I shall continue to love the Truth – FOREVER! (Revelations 12 – those who dwell in heaven rejoice at what is happening. Those who dwell in the earth and the sea are being WARRED upon. Those who live by the Spirit are free and happy. Those who cleave to materialism and emotionalism are in a fretful TIZZY!)

    WAKE! UP!!

  5. Since Trump turned all response and treatment to the individual states (which was the correct thing to do) we have been under assault Mandating wearing masks and Politically Correct “social distancing” another way of taking total control) does little to stem the Coronavirus outbreak.

    Wearing the best surgical mask only provides a maximum of 30% filtration as air seeps around the mask letting 70% pass by!! Home made cloth masks that are the craze are at best, less than 15% effective!!

    What we have been experiencing these past months is DELIBERATE Tyrannical Economic Destruction not protection! We are NOT in this together! We are being herded like SHEEP!!! Welcome to the Democrat mandated POLICE STATE!!

    If there is nothing else the past few weeks has taught us, it’s that the STUPIDITY fostered by the Democrats travels faster than any virus!!

    There are a few differences between past flu strains than the Coronavirus. The main difference is that we are in an election year and there is a plethora of LIEberals who suffer from TDS and suffer from Ameriphobia – Conservaphobia & Hypengyophobia and therefore want to nullify the 2016 election!!

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