Triad Conservative

Constitution Course, Lesson 2

Police State Tactics on COVID-19 Represent Opportunity for Constitution Party

The illegal suspension of civil liberties and constitutional rights by state and local public officials in response to COVID-19 is now fairly widespread. We have great examples in our region with the actions of Governor Cooper, Mayor Nancy Vaughan and the Republican-controlled Board of County Commissioners in Guilford County.

People are being restricted to their homes except under limited circumstances. Many businesses are effectively being shut down. Churches for the most part are not being permitted to meet. 

In Greensboro, a few pro-life protesters were arrested Saturday by police in brazen violation of their constitutional right of assembly.

Meanwhile, the state's Republican elected officials, when they are not gleefully enacting these orders, are otherwise rolling over and playing dead. They are not doing anything to try to stop these open, willful constitutional violations. Even John Hood is getting a bit concerned.

This situation creates an opportunity for the Constitution Party USA. The party has candidates for Governor and U.S. Senate in North Carolina. There also is a congressional candidate running elsewhere in the state. And of course, there will be a presidential candidate and others running nationwide. The failure of Republican elected officials to stand up for liberty and our constitutional rights in the midst of massive police state measures ought to lead people to look for better alternatives.

A few days ago, I wrote here that our elected officials need to take a remedial Constitution course. The excellent course I recommend, offered by the Institute on the Constitution, is free online. It is offered in a series of relatively brief lessons.

I am posting the first lesson below. And I intend to post subsequent lessons periodically at this blog over the next couple of weeks. This is necessary because of widespread constitutional ignorance-- not only in the general population, but also among our elected officials:

Fauci Suspects Fatality Rate for COVID-19 "May Be Considerably Less than 1%"; Justifiable Skepticism

There was a fascinating article on the website of the New England Journal of Medicine a couple of days ago. Dr. Anthony Fauci wrote it with a couple of other medical experts.

The relevant passage?

... Guan et al.⁵ report mortality of 1.4% among 1099 patients with laboratory-confirmed Covid-19; these patients had a wide spectrum of disease severity. If one assumes that the number of asymptomatic or minimally symptomatic cases is several times as high as the number of reported cases, the case fatality rate may be considerably less than 1%. This suggests that the overall clinical consequences of Covid-19 may ultimately be more akin to those of a severe seasonal influenza (which has a case fatality rate of approximately 0.1%) or a pandemic influenza (similar to those in 1957 and 1968) rather than a disease similar to SARS or MERS, which have had case fatality rates of 9 to 10% and 36%, respectively.²

This infection packs a wallop for those who are most severely affected by it-- i.e., those who are particularly susceptible to the virus leading to respiratory failure. Fortunately, we are able to identify those at most significant risk. But tragic stories from New York confirm how severe this illness can become.

Does this mean the whole population must be locked down, with large numbers of businesses shuttered? Does it justify illegally suspending constitutional rights-- as we have recently seen with Governor Cooper, Commissioner Phillips and Mayor Vaughan? 

The question is what measures are warranted to prevent the spread of this coronavirus. Given the above numbers, and the manner in which the virus most severely affects readily identifiable populations, it seems fairly straightforward to tailor and target the response to those most vulnerable.

Did it occur to anyone, for instance, that the governmental response in rural and small town and suburban North Carolina could be perhaps less restrictive than responses used in New York City? Remember how this part of the country is much less densely populated; the relative absence of mass transit; and the warmer climate we enjoy that is less hospitable to respiratory viruses.

There is another great web page that compiles the reactions of various health and medical experts from around the world. Read the various quotes. There is a great deal of skepticism that courses through these responses. They are skeptical about the panic and hysteria; and also about the authoritarian governmental responses such as those we have seen here in Guilford County and in the state of North Carolina.

Leaders need to think before they act. That unfortunately has not happened here in North Carolina. And whose who are supposed to be providing the usual checks and balances have been hiding with their tails tucked between their legs.

Roy Cooper and Dan Forest and Phil Berger and Tim Moore and Nancy Vaughan and Jeff Phillips Need to Read This

We have an epidemic in the state of North Carolina. It is an epidemic of elected officials unilaterally revoking the constitutional rights and civil liberties of their "subjects". The epidemic has spread from one public official to the next, and then to the next.

I have a message for Roy Cooper and Dan Forest and Phil Berger and Tim Moore and Jeff Phillips and Nancy Vaughan. They all need some continuing education. They all ought to be required to do some reading and coursework.

One place they should start is an article written by the constitutional attorney Robert Barnes. It describes how elected officials are using the COVID-19 situation to take away our fundamental rights-- i.e., our constitutional rights and civil liberties. Barnes describes how numerous rights are being taken away.

Mr. Berger and Mr. Moore need to be particularly attentive to an article prepared by Daniel Horowitz who argues that state legislatures must restrain the prerogatives that governors and local officials feel they possess to take away our rights. He states leaders like Berger and Moore ought to do the following:

• Require that any violation of the Constitution under the guise of stemming an epidemic expire after seven days. In order to renew it, the governor would need to submit clear findings to the legislature and publicize them online articulating why this is the least restrictive means necessary to achieve the goal.
• Address the parameters of why some functions are deemed essential and weigh them against the public safety concerns.
• No top-level state official may get paid until the severe lockdown orders are rescinded.
• Stop the unaccountable release of criminals.
• Within the home rule parameters of state laws, rein in the edicts of some cities that are taking these measures too far.
• There must be a rigorous debate about the underlying data driving specific strategies and whether they are really prudent.

All of these elected officials need to understand that, while they might feel empowered to act under certain laws or ordinances or statutes, the highest laws that supersede all the others are the North Carolina State Constitution and the U.S. Constitution. They cannot claim any statute or ordinance gives them authority if it results in violating either constitution.

This requires, of course, that they READ and understand each constitution. They can find them here and here. In the case of the North Carolina State Constitution, reading Article I is particularly important.

But continuing education is also critical. Accordingly, I think Cooper and Forest and Berger and Moore and Phillips and Vaughan need to take a Constitution course. I recommend the course offered by the Institute on the Constitution.

Let's sum up. These elected officials need to understand how our Constitutions are being systemically suspended and violated. They need to understand that their first obligation is to uphold each Constitution. They need to understand what each Constitution says. And they need very quickly to assure their own continuing education so they are up to speed.

GOP County Commissioners' Board Locks Down Guilford County

Boy, I sure am glad we have a Republican majority on the Guilford Board of County Commissioners.

Yesterday, the Board, in conjunction with the cities of Greensboro and High Point, initiated a deeper economic shutdown in Guilford County. In addition, they ordered that citizens be confined to their homes. They used the force of government and the threat of criminal citations to achieve these ends.

The board chairman, Jeff Phillips said the following: 

"We are asking our residents to work with us as we work to hold back the spread of this disease."

Of course, there is no "ask" involved. The county issued an order with the force of law, involving governmental coercion.

This announcement was made even though Trump had already been verbalizing the need to begin reversing the shutdowns. He had expressed a desire to get churches open by Easter; but Phillips' edict extends past Easter, until April 16.

The order was delivered immediately before jobs numbers were released that suggested over three million new unemployment claims. Those numbers are expected to worsen.

They are now calling it "stay-at-home" since it sounds nicer than "shelter in place". But there continues to be no effort or attempt to limit the forced quarantine measures to the vulnerable populations-- the elderly and those with medical circumstances that place them at increased risk. There has been no attempt to tailor and limit these shutdowns in a rational manner. And that has been true for both democratic socialist and Republican political leaders.

Within the medical community, there is an increasing recognition that the best route is to protect the most vulnerable, and to allow the rest of the population to develop "herd immunity". Even an epidemiologist at Oxford is questioning the doomsday scenarios and projections being circulated.

There is another aspect to this story that is most interesting. Apparently, Phillips and other elected officials have been pressured by the CEO of Cone Health. But perhaps we ought to refresh our memories as to the previous political and cultural activism of that large organization. It advocated for Obamacare. It recently sponsored the "pride" festival in downtown Greensboro, implying support of the LGBT agenda that results in persecution of Christians. It opposed State Treasurer Dale Folwell's plan to save taxpayers money by bringing hospital reimbursements for those covered by the State Health Plan back to reality. This all lends some insight regarding political orientation.

In my thirty years of medical practice, it has been my impression that health system CEO's act in their own best interests. Abner Doon has previously reported that this particular CEO's renumeration has been in excess of $1.5 million per year.

The response of the left to the coronavirus epidemic magically coincides with a planned decimation of the economy to further its desire to unseat the current president. But the stupid Republicans-- lapdogs that they are-- graciously acquiesce. Constitutional rights and civil liberties are blithely tossed aside.

In North Carolina, we are fortunate. Our climate is warmer than that in most areas worst hit by the virus. North Carolina is also much less dense than those areas affected severely by the virus, and relies much less on mass transit. These are hopeful signs that our problems may not be as severe as those seen in Europe, New York, the left coast and China.

My home town-- tiny Staten Island-- has had 1,166 cases of the coronavirus, and 21 fatalities. That is much more than the 608 cases and two deaths in the entire state of North Carolina thus far. Many Staten Islanders spend at least three hours per day in crowded, confined mass transit catching various infectious diseases. (My own mother still lives there. She is "sheltering in place", and is at elevated risk.)

Thus far this year, we have had roughly 20,000 flu-related fatalities. This is not unusual; and the annual, seasonal flu epidemic does not typically trigger mass panic, closures and economic shutdowns.

And we have not yet even begun to discuss the content of the bills recently passed by Congress, or the actions of the Fed. Hint: the bill just passed by the Republican-led Senate had over 800 pages.

The Response of Our Elected Leaders to COVID-19 Warrants Grave Concern

Making Sense of the Coronavirus/COVID-19 Chaos in North Carolina

The medical residency program I completed permitted young doctors to choose one of a few different "tracks". One of those tracks was to go into the field of public health-- an option I did not pursue.

But several of my peers in the residency program elected that path. During my first year-- around late 1987 or early 1988-- they were expected to attend the national meeting of the American Public Health Association. Two of them were conservative guys from Tennessee and Mississippi. They related to me what happened at the meeting.

That year, Jesse Jackson was running for the democratic socialist nomination for president. And he was a featured speaker at the national meeting. My two friends within the residency program shared with me how he gave an impassioned speech advocating for socialized medicine; and how virtually the entire crowd in the massive room rose to their feet and cheered.

I share this story to illustrate the political predisposition of those at the highest levels within the public health community. My two conservative southern friends were outliers, and felt out of place at that convention.

When public health authorities recommend that society must be shut down, we must keep in mind these tendencies. We must keep in mind their mindset and worldview.

Within the last couple of days, for instance, we learned that Dr. Anthony Fauci had written a love letter to Hillary Clinton several years ago. We now know what his mindset and worldview are.

During my previous coverage of this epidemic, I have commented on the panic and hysteria that was deliberately stirred; the illegal suspension of constitutional rights and civil liberties by Governor Cooper; and the possibility that the situation in North Carolina may not be nearly as bad as other areas because of climatic differences and the onset of spring.

A couple of days ago, it was 84 degrees outside when I drove home from work. Yet another study-- this one from China-- suggests the virus might not be as worrisome with warmer temperatures. I had provided another study earlier this week.

Another good article puts in perspective the overall situation, and suggests the number of people killed by the virus might not be nearly as many as had been initially predicted.

Yes, the virus can cause serious complications and death in the elderly and in other patients who are particularly vulnerable. That is true of the flu also. And the coronavirus certainly has the capacity to overwhelm the resources of hospitals already busy this season with patients suffering complications from the usual, annual flu. We will likely learn of many more cases because of expanded testing.

But does that mean that our constitutional rights and civil liberties should have been summarily signed away by Governor Cooper? Does it mean the economy should be sent into a partial shutdown, with potentially grave long-term effects?

There was a much simpler, more limited intervention that should have been pursued. Those over age 65, and those with medical circumstances that place them at increased risk, should have been strongly urged to remain at home and "shelter in place" indefinitely except for essential trips to the grocery store and for health care. (Fortunately, many of these are not employed.)

Repeated, consistent, adamant public health warnings in this manner would have been warranted.

But this was not the approach that was taken. Instead, those with an authoritarian/socialist bent acted as they did. That includes those within the public health community and folks like Governor Cooper. His public health director, readers will recall, is a graduate of the Obama administration. The vast majority of citizens are not at risk of severe complications or death from this virus; and the actions of our leaders were therefore a massive overreach. There was a political agenda to pursue.

Yet, the state's Republican leaders have been mostly silent and/or supportive. Dan Forest called the governor out over his illegal actions by putting out a statement. Larry Pittman spoke out clearly. But otherwise, there has been no evident opposition. They are "playing it safe", for the most part.

At the national level, Congressmen Ken Buck and Andy Biggs have spoken clearly; but their voices have been drowned out.

Let's remember when Cooper extorted Duke Energy of huge amounts of money for fraudulent "mitigation" of local effects on water quality due to the Atlantic Coast Pipeline. When the state's Republicans allowed him to do this, it emboldened him further. When you have people of low character in positions of leadership, it is imperative they be held accountable.

And meanwhile, the state's unemployment numbers exploded by a factor of at least six, in large part because of the restaurant ban.

Cooper's apologists will speak about "flattening the curve"-- i.e., reducing the massive uptick in the number of people affected by the virus. But in fact, if the curve is flattened, we will not know whether it is because of his extreme measures or because of the weather getting warmer.

Those on the left also fault Trump for failing to have testing and protective equipment in place. But they fail to understand that, despite their efforts, we still have some level of capitalism in the United States; and it is private companies that provide testing and equipment-- not government.

Indeed, some of their cherished causes-- urbanization, globalization, population density, mass transit, elimination of "sprawl", multiculturalism, socialized medicine, and education of young people in large institutional settings-- all have been exposed as problematic in the course of the coronavirus episode.

What is better? Driving in cars. Sprawl. Small towns and suburbs and rural areas. Less exchanges of people and economic goods among widely disparate nations. Home schooling and online education. And health care economies that reward providing enough capacity for intervention when people's lives can be saved-- unlike most socialized systems.

My first post on this matter expressed the opinion that the carefully orchestrated panic and hysteria on the coronavirus is reflective of a lack of genuine, repentant faith that is fairly widespread. There is now reason to believe that fear of lockdowns imposed by authoritarian governmental officials fueled part of this panic.

Governor Cooper's religious tradition-- liberal mainline Presbyterianism-- is steeped in apostasy and heresy. His actions reflect his mindset and worldview. And at this point, citizens seem to believe him because there is no political opposition, and therefore no countering voices.

But that doesn't make his actions rightful.

Will the Coronavirus be Less Prevalent in North Carolina Than Feared?

There are two reasons to be cautiously optimistic.

The first has to do with "isotherms". The virus apparently tends to be more prevalent in bands of territory or land that are a bit cooler than the American South; and to act in an apparently seasonal manner. (This study is from the University of Maryland). Combine that with the onset of spring-like temperatures in North Carolina.

The second piece of input is from Richard Epstein at the Hoover Institution (HT:Fred). His specialty is not medical or virological or epidemiological. But he believes the current estimates or projections are excessive:

Based on the data, I believe that the current dire models radically overestimate the ultimate death toll. There are three reasons for this.

First, they underestimate the rate of adaptive responses, which should slow down the replication rate. Second, the models seem to assume that the vulnerability of infection for the older population—from 70 upward—gives some clue as to the rate of spread over the general population, when it does not. Third, the models rest on a tacit but questionable assumption that the strength of the virus will remain constant throughout this period, when in fact its potency should be expected to decline over time, in part because of temperature increases.

Lots of decisions are being made. It would be interesting to see the adverse effects these decisions are having on people, and the consequences that will ensue-- economic, medical and otherwise-- if these decisions put people out of work, or contribute to a recession or depression. We would then need to compare those adverse effects with any caused by the actual virus here in North Carolina.

But let's hope and pray there is some good news on the horizon.

Addendum: The number of new cases worldwide decreased today.

Does Governor Cooper Have the Constitutional Authority to Prohibit State Residents from Assembling?

The news was fairly jarring. Governor Cooper, via executive order, prohibited North Carolina residents from assembling in groups greater than 100 persons for the next thirty days.

He granted exceptions, of course-- airports, bus and train stations, medical facilities, shopping malls and centers, "office environments", factories, libraries, grocery stores, restaurants or other retail establishments.

He overtly refrains from giving an exception to churches. That is very interesting. Does this mean churches must suspend their activities for a month? As a democratic socialist and a cultural Marxist, he is perfectly happy if churches do not meet.

He forbids outdoor gatherings even though viruses are transmitted much more easily in indoor environments for obvious reasons.

And he allows large gatherings of people in indoor environments that are politically protected. For instance, mass transit is protected even though being trapped on a crowded train or bus is fertile ground for transmitting viruses. That is, in fact, why many workplaces in other areas are encouraging their employees to work from home. Mass transit is such an integral part of the infrastructure and lifestyle in large cities that it almost cannot be avoided.

Perhaps the coronavirus will makes mass transit seem less appealing in the eyes of many folks. But the text of Cooper's order clearly implies that it is acceptable for the virus to be transmitted where people are gathered in some places; but it is unacceptable for the virus to be transmitted in other places.

In his executive order, Cooper also cites all the reasons he feels he has legal authority to take these measures.

However, Article I of the North Carolina Constitution states the following:

Sec. 12.  Right of assembly and petition.

The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances; but secret political societies are dangerous to the liberties of a free people and shall not be tolerated.

Sec. 13.  Religious liberty.

All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience.

These are absolute rights granted to the state's citizens by our state constitution. They cannot be signed away by the governor. Article III discusses his role; but makes no mention of a right to invoke "emergency" powers and suspend constitutional rights.

Many churches were already predisposed to cancel Sunday services and masses prior to Cooper's order. I think that is extremely regrettable because some things are much more important than viruses.

But liberty-minded citizens and the state's churches and denominations ought not let this slip by. The courts are there for a reason.

There are few things the democratic socialists and the cultural Marxists would like more than to shut down our churches and prohibit people from assembling. Using the coronavirus to infringe on liberties is happening on a grand scale; and Cooper obviously wants to do so also.

Coronavirus Hysteria: Mission Accomplished

There is no doubt that the virus can cause death and serious complications in vulnerable populations and the elderly. But for younger, healthier populations, the effect is not unlike that of illnesses commonly experienced during flu and cold season.

The thought of hospitals in countries where socialized medicine prevails having had to choose which patients will be placed on scarce ventilators is a bit horrifying. We will see if that happens in the United States.

But what does it say about us when so many events and/or institutions are canceled or closed?

There is doubtless an element of concern over legal liability. But media-generated hysteria scares people into thinking they are acting responsibly when they advocate for things to be shut down.

Some of it borders on absurdity. The premise that outdoor sports like golf tournaments must be canceled is plainly bizarre.

Is it justified to shut down human activity every flu season because people will die? What is the magic number of potential deaths that must loom for us to take actions such as those we have witnessed over the last couple of weeks? How long is it justified to shut things down?

People need to live their lives. They need to make their own decisions on whether to venture out based on their own particular risk profile. Caution and prudence is certainly justified for high-risk groups.

The premise that church services and/or masses must be canceled, however, is quite problematic.

Yes, there is little doubt that certain demographics within media and the democratic socialist party and even Wall Street have been eager to use this episode to kneecap Trump's re-election. Another absurd moment is when those who call him a dictator expect him to act like one in response to the coronavirus, far beyond his constitutional powers. And he has obliged, in part, so the markets will purr with contentment.

But the widespread hysterical response we have seen is ultimately evidence of a lack of faith. (Indeed, for that matter, wholesale adoption of the LGBT agenda and legal-abortion-on-demand also reveals a neo-pagan lack of faith that is fairly widespread.)

The fear response during recent weeks reflects total absorption in our own temporal concerns; and abandonment of a more eternal perspective based on understanding of our own purpose in God's will and design.

People need to get a grip and look at their own hearts.