Covid-19 Truth – by Gary Giuffré

Presented by Gary Giuffré

Texas Governor Greg Abbott withdraws executive orders limiting church attendance after being sued by Saint Jude Shrine & 19 other Plaintiffs

(UPDATED!! Right below this important letter from Mr. Giuffre with all it’s links, you will find Judge Andrew Napolitano’s important column on May 2, 2020 on how the Covid hype is being used as an excuse to destroy the Bill of Rights.)

Begin Mr. Giuffre’s letter, relevant to all businesses and churches in the USA:

2 May 2020

To all fellow members of Saint Jude’s local and extended congregation:

The following information is presented by Gary Giuffré, a Catholic layman, not in the capacity as a director of Traditional Catholics of Houston, Inc., sponsoring organization for Saint Jude Shrine, but as a fellow Catholic who attends the Traditional Latin Mass every Sunday with many of you at our church.  What follows may be considered “controversial“ by some who read it. But we are living under oppressive conditions, never before experienced in the USA, and to describe accurately what is going on will be “controversial.”

On 17 April 2020, Saint Jude Shrine of Stafford, Texas, filed a lawsuit against Texas Governor Greg Abbott, together with 19 other co-plaintiffs and the institutions that they represent. Houston’s NBC-affiliate TV Station, KPRC televised this report on our lawsuit:

https://www.click2houston.com/news/local/2020/04/18/houstonians-are-suing-gov-greg-abbott-over-executive-orders-amid-coronavirus-crisis/

The dual purpose of the class action suit was: 1) To obtain from the Texas district court an immediate restraining order against the governor, and later, a permanent injunction, to nullify his unlawful executive orders restricting attendance at churches in Texas, which violate both the Texas and US Constitutions; and, 2) To halt the lockdown of private businesses that is destroying the economy of the state. The litigation also intends to demonstrate that the justification for the governor’s orders was an exaggerated and inappropriate reaction to what is now described by some physicians as simply a new strain of influenza, also known as coronavirus. This engineered pathogen, despite all the hype and hysteria created over it by the media and government officials, has not significantly elevated the total number of fatalities that have occurred from January to April 2020, over the death toll in Texas and American hospitals during that same time period in 2019, 2018 or 2017.  This fact is being hidden from the public.  But at least one major US newspaper, the “Washington Times” has denounced the exaggerated hype over the virus as, the “biggest political hoax in history”:

Despite the governor’s withdrawal of his orders restricting attendance at Texas churches, Saint Jude’s and it’s 19 co-plaintiffs will pursue the case in the hopeful expectation of a ruling by the state district court consistent with the clear terms of the Texas and US Constitutions that guarantee without conditions the right to worship, peaceful assembly and association, in order that no similar order interfering in the operation of churches in our state could occur again, whether in a few months or even years from now.  The continuation of this court action, even beyond the governor’s withdrawal of his order, is imperative because state and national politicians must never again be allowed to sweep away constitutional rights guaranteed to the people of Texas and the USA. Moreover, politicians must not be allowed to destroy the livelihoods of the people of our state and nation under the pretext of an emergency, whether real or fabricated.  Additionally, it is hoped that similar legal actions will be filed against other state governors over this issue, as soon as possible.

Saint Jude’s ongoing litigation against Governor Abbot is also necessary to expose the false justification for his illegal acts – namely, the bogus threat of massive loss of life from a coronavirus “pandemic.”  This imposture must be debunked now in order to halt the roll out of the next deep state “solution” for its manufactured crisis, known as, “ID2020.”  This is to be a system for digital identification and tracking of every human being on the face of the earth by means of transmitter micro-chips that are to be implanted under the skin by a hypodermic needle, simultaneously, with the administration of a mandatory vaccine.

First create a “pandemic,” then a vaccine to “fix” it.

Researchers have uncovered studies prepared at taxpayers’ expense to enhance “deep state” control over the American people, and thereafter the entire population of the world, through a plan for mandatory vaccines mixed with trackable nano particles for perpetual monitoring of every person who receives the shot.  Tracking Individuals is to be enhanced by imposing perpetual social distancing of six feet, soon to be expended to 13 feet. To make it easier to show that one has been inoculated, a sub-dermal dye or tattoo will be included, and made visible by an ultraviolet scanner.

Unhinged vaccine promoters are demanding that certification of a person’s vaccination record be required for the renewal of drivers licenses, passports, for boarding any public transportation, including commercial airliners, trains, subways, buses or even taxis, and to gain entrance to public places, including grocery stores – for the implementation of soviet-style control over every person on the face of the earth.

Former Assistant Secretary of Housing, Catherine Austin-Fitts, has characterized this identification system as, “the Mark of the Beast,” and is warning the public that, “we are now clearly immersed a spiritual battle”:

Catherine Austin Fitts – We are Dealing with a Spiritual War

https://www.youtube.com/watch?v=Gv1ITJr3uZw&t=8s&ab_channel=GregHunter 

The Coronavirus vaccine (or vaccines for its multiple mutated varieties) will be the first of over 270 new and separate immunizations under development.  To get the new vaccine schedule started, the authorities will first promote the coronavirus vaccine to the people who are most receptive to the idea – those who have become zombified by four months of non-stop TV brainwashing.

Coronavirus: An engineered crisis  

What was the genesis of the alleged coronavirus “pandemic” in the first place, and how was it able to cause a transformation of society overnight?  It all goes back to 2014, when ethical scientists working inside agencies of the US government were able to obtain a ban on all research involving part-human and part-animal organisms known as “chimeras,” that had been going on up to that point, at the University of North Carolina at Chapel Hill. The admitted purpose of the research, was to take a known human virus, then mutate it with an animal virus, in order to create a new pathogen more virulent and dangerous than its natural progenitors. This type of weaponized viral research is also known as, “gain of function.”  All reasonable virologists in the nation’s research apparatus recognized the potential danger posed by the development of new, and more aggressive, more resistant, more damaging and more unpredictable hybrid viruses that could instantly trigger a pandemic, were they to get out of control.  Hence, the reason for the federal moratorium on such Frankenstein experiments.

Enter Dr. Anthony Fauci

Despite government prohibition on this research, Dr. Anthony Fauci, using his position as Director of the National Institute of Health, violated federal law, and in 2015, acquired 3.7 million taxpayer dollars to continue the outlawed chimeric experiments, while transferring the hyper-risky research project to a bio lab in a foreign country to circumvent any detection of his criminal activities by US authorities. The foreign country was China, and the laboratory was in Wuhan.  The main researcher attempting to weaponize the virus at the University of North Carolina, was also from Wuhan.  After her work in North Carolina was interrupted by the moratorium, she returned to Wuhan, and Dr. Fauci followed her there in 2015, and turned over 3.7 million dollars to her Wuhan bio lab to continue the project.  Then in 2017, two years after the outlawed chimera virus research was resumed in Wuhan, under Dr. Fauci’s financial sponsorship, he confidently predicted during a speech at Georgetown University, that there was “no doubt” that the new Trump administration would soon be confronted with a “surprise viral outbreak.” How did he know?  He knew because he was running the whole criminal and treasonous operation with millions of dollars of taxpayers’ money.  Do you find this a little hard to believe?  Fauci’s funding of the risky Wuhan lab research has been admitted by the mainstream media outlet, “Newsweek,” but with all the typical disclaimers necessary to whitewash the role played by Dr. Fauci in the global pandemic:

https://www.newsweek.com/dr-fauci-backed-controversial-wuhan-lab-millions-us-dollars-risky-coronavirus-research-1500741?fbclid=IwAR2YdVCRAUJSWGoFoV092ljTDvekFn7ptVIM1vdJfbaUAnDtpcF4JSrttPc

For more background on Anthony Fauci’s criminal connections to the weaponizing of coronavirus, see below (but try to overlook the announcer’s exuberant confidence that President Trump will make everything right):

This video has been removed by the uploader

https://www.youtube.com/watch?v=BpwndRgw-kI&ab_channel=TheNextNewsNetwork

 

Means, motive and opportunity

So, what would be the motivation for Antony Fauci’s complicity in the viral “outbreak” which he so accurately predicted?  For starters, Dr. Fauci has a long history of association with the nefarious, Bill Gates, who is on record for promoting population reduction worldwide by means of  vaccines.  On 9 April 2020, Robert F. Kennedy, Jr., published a shocking account of Bill Gate’s vaccination projects in Central America, Africa, India and Asia that have either killed or severely injured tens of thousands of children.  Gates and the Gates Foundation have been charged with crimes against humanity by the Indian Supreme Court:

https://childrenshealthdefense.org/news/government-corruption/gates-globalist-vaccine-agenda-a-win-win-for-pharma-and-mandatory-vaccination/?utm_source=salsa&eType=EmailBlastContent&eId=b71ac3ae-0a0d-4e76-8292-596babcd1520

Soon after the launch of the “coronavirus pandemic,” Bill Gates pledged 100 million dollars to Dr. Anthony Fauci, to manage the crisis.  But that is “pocket change” compared to the royalties that Fauci stands to receive from a patented vaccine he owns that is presently being readied by a major pharmaceutical company to “immunize” millions of people against the weaponized coronavirus. This is the same pathogen that he had developed in Wuhan in the first place.  It is even possible that Fauci paid the Wuhan lab to develop the vaccine at the same time it was creating the hybrid virus – all with US taxpayer dollars. 

Deliberately delaying the return to normalcy

Naturally, Gates and Fauci would like to see the hysteria-driven worldwide lock-down over the coronavirus go on for as long as possible.  If they can get enough of the corrupt state governors go along with the lockdown for another several months, they believe they can accomplish their goal to get passage of a federally mandated vaccine law.  It is critical to their agenda to get such a law put in force in the USA, as it is believed that the rest of the countries will simply fall in line. But that will not be easy because a very large percentage of the American people are adamantly opposed to any new forced vaccine program, and would not be inclined to go along with it.

Therefore, Dr, Fauci and his facilitators are pushing for the nationwide shutdown to extend well into 2021, or even 2022.  By that time, they may be confident that all medium-to-small businesses will be gone and the vast majority of the American people will be totally dependant on government handouts for their survival. And once the vaccine has been introduced, its acceptance by the impoverished and powerless public will be a condition for continued handouts.  A chilling TV report showing 10,000 cars driven by out-of-work middle-class people waiting in line in San Antonio, Texas, to get a small box of groceries demonstrates how fast people can be brought to their knees. The panic must continue so that these scenes may be replicated over and over.   This is why Dr. Fauci doesn’t like the use of hydroxychloroquine, which has been effective in curing coronavirus within a matter of a few hours after its administration. “Oh no,” says Dr. Fauci, “We must have double-blind trials for years before we use anything unproven like hydroxychloroquine.” This is a coded message for:  We want as many people dead as possible to keep the terror campaign going.  The lockdown must continue!

To perpetuate the lockdown indefinitely, as is now clearly their plan, it is absolutely imperative that the level of fear among the population is never allowed to wane. To reinforce the fear level, it is necessary to portray the number of new cases of coronavirus as constantly expanding to support the government mantra that the people must dutifully take their coronavirus tests!  The problem with this idea is that a growing number of physicians are exposing the coronavirus test currently in use as completely worthless and misleading.  The detection in a person’s system of coronavirus antibodies from the common cold or from a flu vaccine administered years before is generating false “positive” results when individuals are tested.  The false results are then fed into a national data base to support the fear narrative that the spread of coronavirus is out of control and will kill us all.  But, from early on, these two prominent physicians have been trying to tell us that the coronavirus test is a massive fraud:

Dr. Wolfgang Wodarg

[English] Credible insights into the Coronavirus by Dr. Wolfgang Wodarg

https://www.youtube.com/watch?v=yn074EB5NNY&ab_channel=IsraelAnderson

Dr. Andrew Kaufman

This video has been removed for violating YouTube’s Community Guidelines.

(This website’s note: YouTube’s controllers are a bunch of liars and traitors to the USA; they censor any information they don’t like, and call it “violating YouTube’s Community Guildelines” – treason trials for all the controllers of YouTube, Facebook, and Twitter!)

https://www.youtube.com/watch?v=6C_26ZIUlrQ&ab_channel=LondonReal

Similarly, the exploding death toll statistics must be constantly propped up by any means possible so that the uniformed “sheeple” will believe that coronavirus is nearly certain to kill everyone!  The reality is that there have been very few deaths actually caused by coronavirus.  The CDC (which is funded and controlled by Bill Gates) is pressuring doctors and health care staff to falsify death certificates to make it appear that nearly all deaths in hospitals today are due to coronavirus. These two doctors, one of whom is a US Senator, expose this sham:

 

Dr. Scott Jensen

Sen. dr. Scott Jensen – Covid19 CDC Memo Instructing Doctors To Falsify Death Certificate

https://www.youtube.com/watch?v=Xq6GAONKO5Q&ab_channel=AstroVojvodina

 

Dr. Annie Bukacek

Death certificates being falsified #AskYourDoctor #FilmYourHospital

https://www.youtube.com/watch?v=BH_pl1Xrgn8&ab_channel=Unoraza2

 

But even with the falsification of death certificates on a massive scale, the official total of alleged coronavirus casualties is still nowhere near the numbers predicted by chief fear monger, Dr. Anthony Fauci, and his sycophants. Therefore, even more desperate measures are being taken to boost the statistics and support the public perception of an unprecedented plague that has the potential to wipe out all human life on earth.  In New York City, those measures now include the deliberate killing of patients either by careless misdiagnosis, leading to deadly, inappropriate therapies, or simple neglect, as now exposed by a courageous health care giver who has come forward to reveal what is happening:

 

https://www.armstrongeconomics.com/international-news/disease/killing-people-in-nyc-all-for-politics/

 

Doctors and medical staff now have no excuse for improperly treating pulmonary patients who are also thought to have coronavirus. The actual illness caused by coronavirus is now understood by many hospitals not to be a disease of the lung but a lack of oxygen in the blood.  This was first observed by the New York intensive care unit supervisor, Dr. Cameron Kyle-Sidel, who warned  hospitals and doctors three weeks ago that the use of ventilators and breathing tubes inserted down the throats of patients was killing 80% of those treated in that manner. His video testimonials were seen all over cyberspace, so it is no longer possible that doctors can claim ignorance of the dangers associated with this procedure when treating actual cases of coronavirus.  See:

Dr. Cameron Kyle-Sidel

FROM NYC ICU: DOES COVID-19 REALLY CAUSE ARDS??!!

https://www.youtube.com/watch?v=k9GYTc53r2o&feature=youtu.be&ab_channel=CameronKyle-Sidell

 

Do COVID-19 Vent Protocols Need a Second Look?

https://www.youtube.com/watch?v=Elgct0nOcKY&feature=youtu.be&ab_channel=Medscape

 

What is the end game?

 

For his part, a retired officer of Russian Military Intelligence, Colonel Vladimir Kvachkov, explains exactly what the staged pandemic is ultimately all about – depopulation of the Christian world. And he is not bashful about calling out the non-Christian forces that he believes are behind it – while accusing those in his own country who he also believes are complicit in the crime:

EX-RUSSIAN INTEL OFFICER: Depopulation agenda is real

https://www.youtube.com/watch?v=t2vqjBtnltI&t=115s&ab_channel=InessaS 

 

Two of the best recorded explanations of the manufactured coronavirus crisis are the following interviews with Dr. Rashid Buttar who practices osteopathic medicine in North Carolina. In the first interview conducted by Gary Franchi, you will hear a “beep” several times during Dr. Buttar’s comments. Every time that happens, simply insert the word, “5G.”

Dr. Rashid Buttar Tells All on Covid19 – The Next News Network

https://www.brighteon.com/5db4df43-792d-4964-b354-48427af1f3bb 

 

This later interview with Dr. Buttar is perhaps the most comprehensive explanation of the fake pandemic to-date.  It is over two hours long:

Dr Buttar Accuses Fauci, Gates & The Media For Using COVID-19 To Drive Hidden Agenda

What can be done?

 

First of all, the lockdown has to be lifted, if not voluntarily by public officials, then by an organized effort of businesses and individuals to force the issue.  Saint Jude Shrine has taken a proactive stand against the governor’s unlawful attempt to prevent our whole congregation from attending Mass, by our joining a class action lawsuit against his unconstitutional actions that have impacted all churches in Texas. The governor has backed down for now by lifting all restrictions on churches.  But he has reversed himself before on this issue.  Therefore, Saint Jude’s litigation against his illegal executive orders will continue until the court renders a decision affirming the superiority of the Constitution over the governor’s executive orders.

The great mystery is why so few individuals and their churches have joined this suit.  Has the burden now fallen upon Saint Jude’s, not only to defend the spiritual rights of its members to have access to the true Mass, but also to defend their civil rights to walk inside the church?

We can look for no common cause with the leaders of the conciliar church, as their “bishops” simply laid over and played dead, closing every parish church in this country, even before there was any pressure from their state officials to do so.  Saint Jude’s and a handful of other Latin Mass churches in Ohio, where policies have not been as oppressive as in one other states, were the only churches, claiming the name “Catholic,” that stayed open to the public and remained fully functional throughout the manufactured crisis over the last seven weeks.  One man from Nigeria, who came to Saint Jude’s for the first time on Passion Sunday, very succinctly sized up the situation, when he said to me:  “I have been very confused about what has been going on recently, but I now know one thing for certain: Who are the fakes and who are the real Catholics.”

 

Saint Jude’s to resume normal Sunday operations on 3 May 

 

Although Saint Jude’s did allow some consideration for those suffering from “pandemic fatigue,” the church continued to function every Sunday with most of its congregation present, and also on many other weekdays during the engineered crisis, which is still at full throttle in some states. On this first Sunday since the governor has withdrawn all his occupancy restrictions for churches, there will likely be no room at Saint Jude’s to accommodate those who wish to practice “social distancing,” nor will face masks be handed out.  Knowledgeable physicians have discredited both, not simply because they offer only dubious health benefits, but may actually be harmful by preventing societal immunity to new and existing pathogens from taking place. A tight fitting face mask can even cause hypoxia and significantly lower the oxygen in one’s blood, leading to blackouts.  In my own case, wearing a mask would be particularly detrimental because, in my old age, I have developed a collapsed right lung and need every molecule of air I can get inside my windpipe.  Speaking for myself, of course, I do not buy into the “new normal,” which is the “new world order.”  I would hope that Saint Jude’s will hereafter exemplify the “old normal,” or rather the “real normal,” from now on.

Those who will not be able to be physically present with us at Saint Jude’s tomorrow my watch Father Campbell offer the Holy Sacrifice and preach the Holy Gospel in real time at 10 AM Central Daylight Time, via lour live stream webcast, at:

 

Of course, there may be some people coming back to Saint Jude’s who will still be suffering the effects of the massive mental assault and mind conditioning to which everyone has been subjected if they have failed to turn off the devil’s box in their living room.  We must understand what others may have been going through for the last four months while locked up inside their four walls with only the TV to keep them company.

 

The US Army’s experience with recovered prisoners of war during the Korean Conflict revealed that it can sometimes take years to deprogram a person subjected to brainwashing for only a few months.  Therefore, if anyone is still too nervous to sit inside the church with less than a six foot space from the next person in the pew, our live webcast of the Mass will be shown on the big screen in the hall next door for those who would prefer to follow the sacred liturgy in that large and mostly empty room.

As far as we know, Greg Abbott of Texas was the first governor to be sued for unlawful lockdown orders of churches – and businesses.  And after he was sued, he was one of the first to withdraw those orders 100% for church, but only partially for small businesses.

 

What are the Citizens’ Obligations of Obedience to the State?

 

Obedience to the governor’s illegal order that would have prevented the faithful from attending Mass at Saint Jude’s was never an option for a large percentage of our congregation.  The attempt to block their access to the Mass was their “red line.” For others, the mandatory vaccine will be their “red line.” My advice to those in the second group is to consider setting your tolerance level far lower next time.  Otherwise, politicians may soon be emboldened to set up highway road blocks where police search vehicles for non-vaccinated passengers. At that point, it may be too late to assert your “red line.”

A friend from Chicago, who has been following our lawsuit, has sent me this word of advice from a constitutional attorney:

“According to Current Federal and State law:
“You do NOT have to stay home.
You do NOT have to close your business.
You are NOT restricted in your travels.
You are NOT banned from religious assembly.
“These are NOT laws, as a law must be passed by your state legislature. And, of course, this has not happened in any of our 50 states.
“These following orders are UNLAWFUL ‘orders’:
“Stay at home,
Close your business,
Don’t go to church,
Practice social distancing,
Wear a mask,
No interstate travel etc etc.
“These are NOT laws that can carry any kind of criminal penalty for violation. They are at best ONLY guidelines or ‘suggestions.’ These “orders” carry NO legitimate force of law with which to back them up.
“NO governor nor mayor may craft a law and assign a punishment for its non-compliance. They can’t. And, even if one of these tyrants tries to do so, such orders or actions would then be profoundly unconstitutional and a solid basis for compensation to ‘anyone affected’ by them.
“The Free Exercise Clause of the First Amendment firmly establishes freedom of religion as a fundamental liberty, and the Due Process Clause of the Fifth 5th Amendment firmly establishes your right to purchase a lawful product in interstate commerce from a willing seller as ‘fundamental.’
“Fundamental liberties are in the highest category of liberty, akin to freedom of conscience and speech and press and privacy and travel.
“Right to Congregate/Assemble
Per the First Amendment to the United States Constitution:
“‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.’
“Right to Travel:
“DESPITE ACTIONS OF POLICE AND LOCAL COURTS, HIGHER COURTS HAVE RULED THAT AMERICAN CITIZENS HAVE A RIGHT TO TRAVEL!!!
“Per our 14TH Amendment to the United States Constitution (abridged):
‘The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day.’
“Stopping a tyrannical overthrow of the United States AND the WORLD, the stripping of our Liberties & Freedoms BEGINS with YOU. Do your part and STAND UP for yourSELF before you no longer have a self to stand up for!!!
“These are the facts.  Stop letting tyrants lie to you.  Call them what they really are = Tyrants.
“DANGER!  YOU ARE BEING CONDITIONED TO VIEW YOUR FREEDOM AS “SELFISHNESS!”

The politicians work for us and not the other way around. We will not blindly obey illegal orders issued by lawless politicians.  It is their obedience to the Constitution that we demand.  To that end, we have petitioned the district court to force the governor to comply with the laws to which he is subject, like everyone else.  May God grant the judge the wisdom and courage to rule according to the law and not the whims of men.

Sincerely yours in Christ the King,

Gary Giuffré

Bellville, Texas

Permission is given to copy and disperse this message far and wide!

PS. VERY IMPORTANT!! Read below Judge Andrew Napolitano’s letter on the Bill of Rights under assault. MUST READING!! —


The Constitution does not permit government infringement upon assembly, worship, travel or commerce

 By Judge Andrew Napolitano

 I have been taking some heat from friends and colleagues for my steadfast defense of personal liberties and my arguments that the U.S. Constitution – when interpreted in accordance with the plain meaning of its words, and informed by history – does not permit the government to infringe upon personal freedoms, no matter the emergency or pandemic. For those who agree with me, worry not. We will persevere. For those who trust the government, worry a lot. You are not in good hands.

The purpose of the Constitution is to establish the government and to limit it. Some of the limitations are written in the Constitution itself. Most of the limitations that pertain to personal freedoms are found in the Bill of Rights – the first 10 amendments.

These amendments were ratified to restrain the federal government from infringing upon personal liberties. Since the enactment of the 14th Amendment in 1868, and subsequent litigation, these amendments, for the most part, restrain the states as well. The courts have characterized these protected liberties as fundamental.

So, the rights to thought, speech, press, assembly, worship, self-defense, privacy, travel, property ownership, interstate commercial activities and fair treatment from government are plainly articulated or rationally inferred in the first eight amendments. The Ninth is a catchall, which declares that the enumeration of rights in the first eight shall not mean that there are no other rights that are fundamental, and the government shall not disparage those other rights. The Tenth reflects that the states have reserved powers to themselves.

The Ninth was especially important to its author, James Madison, because of his view that natural rights – known today as fundamental rights – are integral to each person, and they are too numerous to list. In the next century, the anti-slavery crusader Lysander Spooner would explain it thusly: “A man’s natural rights are his own, against the whole world; and any infringement of them is equally a crime, whether committed by one man, or by millions; whether committed by one man, calling himself a robber, – or by millions, calling themselves a government.”

Natural rights collectively constitute the moral ability and sovereign authority of every human being to make personal choices – free from government interference or government permission.

Thomas Jefferson wrote in the Declaration of Independence that government derives all its powers from the consent of the governed. And Madison understood the Ninth Amendment to declare that our personal choices are insulated from government interference so long as their exercise does not impair another’s rights.

From this, it follows that if governments interfere with our personal choices – and we have not consented to their power to interfere – the interference is invalid, unlawful and, because our personal choices are essentially protected from governmental interference by the Bill of Rights, unconstitutional.

Now, back to the present-day restraints during this pandemic.

The current interferences with the exercise of rights protected by the Bill of Rights devolve around travel, assembly, interstate commercial activities and the exercise of religious beliefs. These infringements have all come from state governors who claim the power to do so, and they raise three profound constitutional issues.

The first is: Do governors have inherent power in an emergency to craft regulations that carry the force of law? The answer is no. The Guarantee Clause of the Constitution mandates a republican (lowercase “r”) form of government in the states. That means the separation of powers into three branches, each with a distinct function that cannot constitutionally be performed by either of the other two. Since only a representative legislature can write laws that carry criminal penalties and incur the use of force, the governor of a state cannot constitutionally write laws.

The second constitutional issue is: Can state legislatures delegate away to governors their law-making powers? Again, the answer is no because the separation of powers prevents one branch of government from ceding to another branch its core powers. The separation was crafted not to preserve the integrity of each branch but to assure the preservation of personal liberty by preventing the accumulation of too much power in any one branch. We are not talking about a state legislature delegating to a board of medical examiners in the executive branch the power to license physicians. We are talking about delegating away a core power – the authority to create crimes and craft punishments. Such a delegation would be an egregious violation of the Guarantee Clause.

The third constitutional issue is: Can a state legislature enact laws that interfere with personal liberties protected by the Bill of Rights, prescribe punishments for violations of those laws and authorize governors to use force to compel compliance? Again, the answer is no because all government in America is subordinate to the natural rights articulated in the Bill of Rights and embraced in the Ninth Amendment. We should rejoice that there is resistance to gubernatorial ignorance and arrogance that disregards the Bill of Rights. We need resistance to tyranny in order to stay free. Power unresisted continues to grow and to corrupt. History teaches that most people prefer the illusion of safety to the cacophony of liberty. The only reason we have civil liberties today is because generations of determined minorities – starting with the revolutionaries in the 1770s – have fought for them.

Today, we are governed by dangerous men and women. For they have taken away our ability to make personal choices, and they have used force to compel compliance. In doing that, they have not only violated their oaths to uphold the Bill of Rights, they also have committed the criminal acts of nullifying our rights. By using the powers of state governments to do this, they have made themselves candidates for federal criminal prosecutions when saner days return. — (End of Essay)

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is a regular contributor to The Washington Times. He is the author of nine books on the U.S. Constitution