When Do Protests Violate Rights?

It has been a sad few months in America for many reasons. First, Covid 19 has led to state government power grabs that just go to far and needlessly violate the rights of citizens. Second, the George Floyd case is extremely disturbing. Yes, these police officers need to be arrested and locked away for the rest of their lives. Under no circumstance should a man that is not resisting and is already been cuffed be physically restrained. However, I disagree with the many people that are trying to compare the Floyd case to other recent altercations between the police and the black community. They are all different and in many of those cases the police acted appropriately. Not all cases are the same. Third, the protests resulting from the incident are very disturbing that include looting, rioting, and burning down businesses and homes. Obviously these protests are violating the rights of innocent Americans and serve no practical purpose.

When do protests violate rights of other citizens? Even if a protest is peacefully blocking traffic without any prior authority to do so is a violation of people's right to travel freely in public spaces. If protests are peaceful but they leave behind a mess of trash, it violates the rights of some people. To properly protest people must have permission or they must not interfere with other citizens rights to move or conduct business. Besides, this is the best way to make a point. George Floyd's death will be in vain because the protesters actions are no better than the police. It is a sad day for America because instead of solving a problem we are simply making it worse.

Stay-At-Home-Orders Amicus Brief (Part I)

Outlined in a five part series is a hypothetical amicus brief I wrote about government stay-at-home-orders response to Covid 19. An amicus brief is a third party opinion or point of view to a federal case. Obviously, I would take more care editing and with grammar if I submitted this to a Court. Unfortunately, I do not have the qualifications and financial resources to submit this Michigan or some other state hearing opinions about stay-at-home-orders.

Table of Contents

Table of Authorities

Cases

Statutes

Interest of Amici Curiae

Introduction

Argument

Sovereignty

Rights

Denying Rights

Rational Basis Scrutiny

National Crisis

Hierarchy of Rights

Placing Limitations on Rights

Conclusion

Form and Length Certification

Certification Regarding and Electronic Brief

Certificate of Service

Table of Authorities

I. Cases

Allgeyer v. Louisiana 165 U.S. 578 (1897)

Apodaca v. Oregon 406 U.S. 404 (1972)

Ballew v. Georgia 435 U.S. 223 (1978)

Bradwell v. Illinois, 83 U.S. 130 (1873)

Buck v. Bell 274 U.S. 200 (1927)

Calder v. Bull 3 U.S. 386 (1798)

Chisholm v. Georgia 2 U.S. 419 (1793)

Corfield v. Coryell 6 Fed. Case 546 No. 3,230 C.C.E.D Pa (1823)

Dred Scott v. Sandford, 60 U.S. 393 (1857)

Duncan v. Louisiana 391 U.S. 145 (1968)

Fletcher v. Peck 10 U.S. 87 (1810)

Korematsu v. United States 323 U.S. 214 (1944)

Meyer v. Nebraska 262 U.S. 390 (1923)

Nebbia v. New York 291 U.S. 502 (1934)

Plessy v. Ferguson, 163 U.S. 537 (1896)

Prout v. Starr 188 U.S. 537 (1903)

Schenck v. United States, 49 U.S. 47 (1917)

The Slaughter House Cases, 83 U.S. 36 (1873)

United States v. Carolene Products 304 U.S. 144 (1938)

Wickard v. Filburn 319 U.S. 111 (1942)

Williams v. Florida 399 U.S. 78 (1970)

Williamson v. Lee Optical 348 U.S. 483 (1955)

II. Statutes

Alien and Sedition Act (1798)

Agriculture Adjustment Act (1938)

Espionage Act of 1917

Northwest Ordinance of 1787

The Civil Rights Act of 1866

The Filled Milk Act

Interest of Amici Curiae

Amicus Patrick Bohan is a private citizen with no ties to any parties involved in the case. Patrick has received no funding and has no conflicting interests. Patrick’s objective is to try to find a workable solution or compromise between the Covid 19 government response and the civil liberties of United States citizens. Patrick calls his initiative the Covid 19 Coalition for Life and a Robust Economy. The principles outlined in this brief are found in Patrick’s book “Defending Freedom of Contract: Constitutional Solutions to Resolve the Growing Political Divide”.

Covid: Anatomy of a War like no other

War is actually defined as a conflict between states or nations. So, is the battle over the Covid 19 virus really a war? I believe so because there is also recent information showing that China was callous and may have even intentionally allowed citizens to travel to other countries when they were restricting any movement within the nation. Hence, there may be a enemy, and it is China. That said, this war is unlike any we have ever seen for many reasons:

This war may kill more citizens than died in Vietnam, but unlike most wars, it is solely taking place on our home soil.

Like other wars, Covid has also seen a full blown military response to the pandemic. However, unlike other wars, the duties of war have changed, but nonetheless there is a full military presence.

Covid kills innocent civilians and unlike wars, it kills elderly persons who would never see a battle field. Actually, the strategy of killing older and more mature people is sound principle because it leaves younger and immature people in charge. Most battlefield strategies focus on killing the leaders in order to form chaos.

Covid has destroyed our economy, unlike any war. In fact, some wars have been great for the economy such as WWII. When Covid is over there will be a 40% retraction of the economy, which is bigger than the great depression. The government is responding with trillions in bailouts. I disagree with bailouts, especially for those who may have previously been callous with their finances. For that reason, I prefer loans to bailouts.

Covid has had a unique response on the federal government: deregulation and decentralization. I know some consider Trump a dictator and tyrant, but the federal government has only issued guidelines and allowed states to implement those guidelines as they see fit. In fact, the dictators and tyrants have become the governors and mayors, not the federal government. The federal government is designed to have fast responses to crisis for one primary reason: regulation. Trump has cut hundreds of regulations in the FDA alone to get tests and drugs approved. Something that would normally take years has been cut to days, weeks, or months. Most wars and crisis shift more power to the federal government at the expense of the states. This is true throughout history, especially in the FDR years of the great depression and WWII. Sure, Trump has the War Times Act to force businesses to make war time products, but he never had to use it since businesses where willing to shift gears. The commerce clause provides the federal government complete authority over the economy (this is wrong, but it is true), but we are not seeing that type of authority being used in the Covid crisis.

There is commonality that can be found in modern wars that was not found in wars through Korea: Protests. Protests originate because persons are fighting for individual rights over nationalism and the greater good of the nation. Protesting the draft in Vietnam had a legitimate argument based on the 13th Amendment. Protesting the right to work, travel, enjoy family and friends, and so forth in the Covid epidemic also has a legitimate basis found in the 9th Amendment. On the other hand, under dire circumstances rights of some may be curbed to protect the health and safety of others. For this reason, modern protests may be viewed as selfish, but is being selfish when your livelihood has been completely taken away?

Covid has created a fear factor that is unprecedented. I am sure people were fearful during WWII, especially in England or in occupied Europe. But I am certain governments and citizens were trying to help each other. The Covid war sees people buying out grocery stores, putting out signs on doors "no visitors", citizens being fearful even when not in the presence of another person, government asking for citizens to report their neighbors, government tracking the phones of citizens, and government tracking citizens with drones. Even citizens first amendment freedoms are being silenced if they are different than the views of the government on social media sites. This is scary stuff. Fear brings about irrational behavior and problem solving.

The Ultimate Sacrifice

I am really starting to believe that the economic shutdown cost will far exceed the cost in lives saved. First, there is no definitive proof that social distancing and the lock-down procedures work to eliminate death. In one Israeli study on the subject of over 50 nations, Covid 19 follows a definitive pattern regardless of the precautions taken by the nation, meaning nations with running economies are showing no increased infection or death rates. Second, the U.S. government will more than likely print out more than 6 trillion dollars. That is equivalent to 30% of our economy and should theoretically keep the economy a float for 4 months, but it has tanked after one month of economic closures. For this reason, I dislike bailouts because they are not serving their purpose with unemployment surging to 20%. Sure, this bailout is a bit different than Obama's stimulus that rewarded companies that were complicit in the economic collapse. In 2020, the companies and people being helped were not complicit in the economic collapse. I prefer loans to bailouts, especially to larger companies. I think they should pay back loans at an interest rate.

Third, this feels like a war, it seems like we are under a partial Marshall Law and the death rate will exceed those killed in Vietnam. It feels like the enemy is not just the Virus, but China and the WHO. Earlier this week, China increased its death count from the virus by one-third. This is not even close to being factual, but it proves they have a math problem after seeing what Covid has done to dozens of other countries. However, this war is different from other wars in that we shut down the economy, and all the death is from innocent civilians. Unfortunately, with war comes the ultimate sacrifice - death. I do not want to die, but if I were to die to help keep the economy a float then that has some value. On the other hand, all the death that is happening now is in vein because we are losing the war with an economic collapse. In war, soldiers die so others can enjoy the freedoms of living in a free state. Right now, people are dying an we are losing all our freedoms at the same time. No one wants to die, but we all die at some point. The ultimate sacrifice is to die so others can enjoy their freedoms. That is how we justify all those deaths in the Civil War, WWI, and WWII. I always wondered how soldiers were so brave and did not seem afraid to die. I always figured I would be a coward on the battle field. I remember watching "Band of Brothers" and one brave Captain named Spears. In one battle Spears was trying to figure out were another U.S. division was during the battle. To do so, Spears, by himself, ran across an open field 100 yards and then directly through the German line. Both sides stopped fighting because no one could believe a man would be so stupid to do such a thing. After Spears found the other division, he ran back! In another episode Spears told a scared soldier until you realize you are already dead, you will be scared of dying. In other words, Spears came to grips with his mortality and how to deal with his dire situation of being in an brutal war. Similarly, I have come to grips with my own mortality over the past 12 or 13 years. When you learn you have lived with a deficient immune system your entire life and then have to battle neurological and muscular disease you start to understand that you may die young and or end up disabled. At first, it is scary but over time you learn to deal with it. It is not easy to come to grips with our mortality. But the ultimate sacrifice is die so others can enjoy the freedoms we have fought to protect. The freedom to worship, work, enjoy family and friendships, the right to travel, the right to play, the right to enter into contracts with businesses, and so forth. We take these freedoms for granted, but this is the first war where we have lost these freedoms. If death does not come from the virus, it will come to others via suicide, addictions, and other means with a depressed economy. This war will come at a loss of freedoms which is like dying and being born in a socialist state or dictatorship.

If this is the new normal, to live in fear and have the government destroy our personal liberties, I know I do not want to be part of it. I realized a long time ago, I won the lottery when I born in the United States. I was lucky to have the opportunities I was afforded. This new normal does not feel that way. To live in fear, to screw our neighbors by hording food, to loose our freedoms. Maybe it is temporary until a new vaccine comes around, but I am not convinced the new normal means less freedom in the future. The virus is winning this war and we all will pay dearly for it in the long run.

What say Governor Cuomo

NY Governor Cuomo is the new Democrat darling and many want him to be the nominee to go up against Trump. So what does Cuomo have to say about Trump and his handling of the coronavirus? The following is a mid April conference from Cuomo and why Trump held back some assistance to New York.

"I've worked very hard with the President of the United States," Gov. Cuomo said during a coronavirus briefing on Saturday. "We've had our political differences in the past, no doubt, but there's also no doubt that I've worked hand and glove with the president here and he has been responsive to New York and responsive to New York's needs, and he's done it quickly and he's done it efficiently."

The governor also marveled at the president's decisiveness and how quickly the president was able to respond to meet the needs of New Yorkers.

"I've literally had conversations with him in the morning where he turned around a decision by that afternoon," the governor said admiringly. "I've been in the federal government. I know what it's like to make a decision, and he has really responded to New York's needs."

President Trump was initially criticized for pushing back on Gov. Cuomo's projection that New York would need some 40,000 ventilators and more than 140,000 hospital beds at the peak of the state's outbreak.

"I have a feeling that a lot of the numbers that are being said in some areas are just bigger than they’re going to be," Trump told Fox News' Sean Hannity back in March.

Now, new models from the Institute of Health Metrics and Evaluation confirm the president's suspicion, showing New York already reached its peak on April 8 as to the maximum number of ventilators and hospital beds the state would need to treat patients. Instead of 140,000 hospital beds, fewer than 23,000 were actually needed. Instead of 40,000 ventilators, a projected 5,008 were needed.