“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The word ‘essential’ is not contained in any part of the U.S. Constitution. Look it up: https://constitutioncenter.org/interactive-constitution/full-text
‘Essential’ means “something necessary, indispensable, or unavoidable.”
“On March 19, 2020, Governor Newsom” of California “issued Executive Order N-33-20 directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Californians.”
Newsom abrogated whatever powers his office had when he delegated policy and public safety decisions to the “State Public Health Officer”: a non-elected official answering to no one.
Doug Ducey did the same thing in Arizona.
“Governor Doug Ducey today issued an executive order clarifying businesses and operations deemed “essential” by the state and providing certainty to business owners, employees and families. The order is a proactive and administrative measure to ensure consistent guidance across the state.”
Shouldn’t a Governor who gives away authority to non elected bureaucrats be removed from office for having rejected the state’s Constitution? Shouldn’t a Governor or Mayor who flat out relegats the 14th Amendment to the garbage dump of history be IMPRISONED?
Yes!
PERMITTING THE GOVERNMENT TO ASSUME, TAKE AND CAPTURE THE SOLE DEFINITION OF ‘ESSENTIAL’ DETERMINED ‘BY THE STATE’ IS AS UNCONSTITUTIONAL AS IT CAN BE.
But alas we are discussing a most subjective term. ESSENTIAL.
NO ONE IN THIS COUNTRY; SAVE THE EXISTENCE OF MARTIAL LAW, HAS ANY RIGHT OR AUTHORITY TO DEEM ANYTHING OR ANYBODY TO BE ANYTHING OTHER THAN FREE.
One major tenant that separates this great nation from all others in history is the government DOES NOT HAVE THE POWER TO DICTATE RELEVANCE. All people are to be equal. No one can be more ‘important’ than any other. Regardless of a supposed ’emergency’.
As a subjective term, one in which the user gets to decide what it means in an arbitrary manner: it is, as the Supreme Court of the United States (SCOTUS) stated in ROMAN CATHOLIC DIOCESE OF BROOKLYN v. CUOMO, quoting a “Elrod v. Burns, 427 U.S. 347, 373 (1976) (plurality opinion): “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” That same logic must apply to the loss of ANY inalienable right.
A government may decide, as a normal matter of course, that some industry or business or job position, is or is not ‘essential’ to its needs.
IT CANNOT DECIDE IF THE VERY EXISTENCE OF A POSITION, INDUSTRY OR JOB IS ESSENTIAL TO EXIST. THAT IS COMMUNISM!
It doesn’t matter if there is a ‘health emergency’ or any form of ’emergency’. The Constitution does not give up its protections of the people FROM government just because people may be sick.
In fact, such protections are part of the foundation of the idea of this Republic.
But recently, nefarious and criminal intent has permitted a willing press the opportunity to make the term ‘essential’ so jaded that its real meaning is lost in the constant mindless repeating of it, even by well meaning people. STOP IT!
IF A GOVERNMENT HAS THE RIGHT TO DECLARE ANYTHING TO BE ESSENTIAL OR NOT, THE GOVERNMENT IS NO LONGER RESTRAINED BY THE CONSTITUTION AND THE COUNTRY CEASES TO EXIST.
A nation’s Constitution is like the foundation of a grand building. The removal of the very essence of the restraints placed on the government by the use of a subjective term to control the behavior of the people is no less a wrecking ball so large it can collapse the entire structure.
HOW DARE any elected (or in the case of the unconstitutional Governors, any non elected) ‘official’ make a determination that ANY business, service, function or person is any less equal to any other business, service, function or person?
“The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race.
The clause is not intended to provide equality among individuals or classes but only equal application of the law. The result of a law, therefore, is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the Equal Protection Clause is crucial to the protection of civil rights .”
But states ARE discriminating. And they are doing it with the destruction of basic Constitutional rights.
Our just so wonderful Justice Department (that is angry sarcasm) has FAILED to protect the people from Unconstitutional acts by the states. It has FAILED.
HOW DARE any elected (or in the case of the unconstitutional Governors, any non elected) ‘official’ make a determination that ANY business, service, function or person is any less equal to any other business, service, function or person?
In New York provided a list of what it considers ‘essential’. Such a list might be a nice thing to have for the STATE to refer to, to determine how it prioritizes services BUT IT CANNOT BE USED TO CONTROL THE ENTITIES IT SELF-DEFINES. THAT IS COMMUNISM!
THERE IS NOT ONE FUNCTION, BUSINESS, SERVICE OR ENDEAVOR THE GOVERNMENT HAS ANY RIGHT TO MAKE LESS OF A WHOLE ENTERPRISE.
It is sad, but not at all unexpected for this country to have fallen so low that the very right to equal protection that has kept this ship upright for years would be ignored.
We are witnessing an overthrow, one right at a time. We have A Department of Justice THAT DOES NOT CARE.
IF IT DID CARE: NEWSOM, DUCEY AND EVERY OTHER GOVERNOR AND MAYOR WHO BECAME DICTATORS WOULD BE IN PRISON NOW.
Every person is essential. Every job is essential. Every service is essential. Every business is essential.
TO THE PEOPLE THE CONSTITUTION IS MEANT TO PROTECT.