End the Shutdown

[Draggingtree]

Mises Institute

End the Shutdown

1092 COMMENTS

03/31/2020The Editors

The shutdown of the American economy by government decree should end. The lasting and far-reaching harms caused by this authoritarian precedent far outweigh those caused by the COVID-19 virus. The American people—individuals, families, businesses—must decide for themselves how and when to reopen society and return to their daily lives.

Neither the Trump administration nor Congress has the legal authority to shut down American life absent at least baseline due process. As Judge Andrew Napolitano recently wrote, business closures, restrictions on assembly and movement, and quarantines are not constitutionally permissible under some magic “emergency” doctrine. At a minimum, the federal government must show potential imminent harm by specific infected individuals at some form of hearing or trial.

These due process requirements are not suspended.

State and local officials may claim, or even possess, lawful police powers to shut down their communities. We offer no analysis of such powers or claims under the myriad of state constitutions and authorizing legislation. But they should resist exercising these powers. The governor of Virginia, in particular, deserves admonition for unilaterally imposing a lengthy period of virtual house arrest.   

[Valin]

@Draggingtree

2 points

1. A Better question is Why The Shutdown In The First Place?

2. I would like people to remember the politicians Republicans & Democrats who brought this on us, on Election day. Also those Talking Heads/ Media companies(of all political persuasions)  who spread the fear and panic. Questions must be asked Hard Questions, and Real Answers demanded....ps I definitely include Fox News in this,they have been All Covid-19 All The Time.