MCViewPoint

Opinion from a Libertarian ViewPoint

Who Owns Your Face? – LewRockwell

Posted by M. C. on February 25, 2021

https://www.lewrockwell.com/2021/02/andrew-p-napolitano/who-owns-your-face/

By Andrew P. Napolitano

After listening to Dr. Anthony Fauci suggest last weekend that we should expect to be wearing two masks on our faces everywhere we go until the end of 2022, I began thinking again about first principles.

Fauci is entitled to express his opinions. Yet, because he is the president’s chief adviser on COVID-related medical matters, I cringed when I heard what he said. Was this a trial balloon or did he mean it literally? Are these suggestions or will they become commands with the purported force of law?

Because the Constitution is the supreme law of the land, it governs the government wherever it goes and whatever it does. The original purpose of the Constitution was twofold: to establish the federal government and to limit its regulatory and taxing powers to the 17 discrete powers articulated in Article I.

The former took place in 1789 when the Constitution was ratified. The latter has been a dismal failure.

The federal government recognizes next to no limits to its powers, no matter which political party controls Congress and the White House. The feds believe that they can right any wrong, tax any event and regulate any behavior — subject only to the express prohibitions in the Constitution. Even when there is a prohibition, such as, “Congress shall make no law … abridging the freedom of speech,” Congress has found ways around it. To the federal government, “no law” does not mean “no law.” Just ask the folks who have been prosecuted for their speech.

This is known as the Wilsonian model, named after President Woodrow Wilson, who advanced it shamelessly. All of his presidential successors have done the same.

Before Wilson, for the most part, and except for the Civil War years, the federal government recognized the limitations imposed upon it by the Constitution and, for the most part, stayed within their confines. This is known as the Madisonian model, named after President James Madison who wrote the Constitution and the Bill of Rights.

The first eight amendments in the Bill of Rights articulate negative rights. That is, the amendments don’t grant rights; they restrain the government from interfering with rights that already existed when the amendments were ratified. The Fifth and the 14th Amendments expressly require that the government prove fault and harm at a jury trial before it can interfere with property rights.

See the rest here

Andrew P. Napolitano [send him mail], a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty. To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit creators.com.

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