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Americans Hate Liberty’s Sorry Guts With a Passion

Our countrymen:

“We presented a nationally representative sample of 3,000 U.S. residents with eight possible policy responses to the outbreak, all of which may be unconstitutional, including forced quarantine in a government facility, criminal penalties for spreading misinformation, bans against certain people entering the country, and conscription of health-care workers. …

“A majority of respondents supported all eight of these policies, most by considerable margins. The proposals with the lowest support were seizing businesses and banning all citizens and noncitizens outside the country from entering, but these policies still had 58 and 63 percent support, respectively. The proposals with the highest levels of support were banning noncitizens from entering the country (85 percent) and conscripting health-care professionals[!!!!!!! -ed] to work despite risks to their own health (78 percent). Both policies burden a defined minority of the population, so it’s not surprising that large majorities support them. But criminalizing speech based on its content, an idea antithetical to modern American constitutionalism, was also very popular: About 70 percent of respondents supported restricting people’s ability to say things that may qualify as misinformation. Likewise, 77 percent of respondents support suspending all religious services and gatherings, thereby restricting religious freedom. And even when we explicitly told half of our sample that the policies may violate the Constitution, the majority supported all eight of them—even the speech restrictions.”

Well, that’s not good.

Three Pieces Of Legislation That Are Making The Coronavirus Worse

There are 3 pieces of legislation that are making the Coronavirus 10x worse than it ought to be.

1. 1997 Balanced Budget Act: Capped the number of residents and physicians.

2. 2011 Affordable Care Act: Made it illegal for physician ownership of hospitals.

3. Certificate of Need (CON): Mandated approval of all medical facilities through special committees. No competition allowed.

Dangerous Times

We live in dangerous times — and not just medically and economically. Government executives all over the world — with a few honorable exceptions — are exercising autocratic power, that is, power without legislative or constitutional authority, in the name of stopping the spread of the coronavirus. With respect to these orders, due process is absent. All around the U.S., governors and local authorities have decreed shutdowns of arbitrarily defined “non-essential” businesses and lock-downs. Curfews have been imposed.

The content of these orders may make sense, depending on the locale and scope, One size probably won’t fit all, but avoiding restaurants and staying at home surely make sense for many people. It’s the process — the exercise of autocratic power without due process — that should concern us. Liberty is not only being curtailed now; precedents are also being set. We could be visited by the ghost of pandemic past in the future.

Fortunately, we have seen some resistance to these orders and talk of legal challenges, but nothing widespread. I have not yet heard of any complaint reaching a judge. This is probably because people have their eyes are on the intent of the orders — containment of the virus — and not the process. The old saying “When you’re up to your eyeballs in alligators, it’s hard to remember you’re there to drain the swamp” seems pertinent, and I understand that. But liberty is too important to put on a shelf without even a squawk.

As the liberal order evolved over many centuries, it placed great weight on protection against arbitrary, autocratic rule over person and property: due process, speedy trial by jury, habeas corpus, and so on. These things aren’t much on most people’s mind these days. That may be understandable, but the rest of us need to keep squawking about them.

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