Now that one-fifth of Americans are unemployed by a national shutdown, people are noticing their loss of rights. Nothing is done about the assault against the Constitutionally guaranteed right to Liberty because people have been trained throughout their lives to ignore reality.
Governors have temporary emergency powers as delegated by your State’s Constitution — such as are needed to quickly react to forest fires, riots, pandemics or invasion. These are temporary until congress has a chance to convene to create laws and appropriate treasury funds to deal with the emergency.
I’m not a lawyer, but it seems obvious to me that yes, governors can temporarily keep you from working until congress convenes. But your state must pay you for lost wages — for three reasons: compensation for taken property, compensatory damages for lost liberty and punitive damages for impairing the obligation of contracts.
YOUR LABOR IS A PROPERTY RIGHT.
Property cannot be taken without just compensation.
Not only are wages a property right but they are THE MOST SACRED RIGHT according to the U.S. Supreme Court. Try to find similar court decisions in your state.
U.S. Supreme Court in Butcher’s Union v. Crescent City 111U.S. 746:
“The property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable. … to hinder his employing this strength and dexterity in what manner he thinks proper without injury to his neighbor, is a plain violation of this most sacred property.”
Do you still have “the most sacred and inviolable” right to your labor, which is “the original foundation of all other property”? Or did you voluntarily wave your right to earn wages by acquiescing to a power grab?
YOUR LABOR IS A LIBERTY
U.S. Supreme Court partial definition of liberty in Meyer v. Nebraska, 262 U.S. 390, at page 399. The term Liberty
“… denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his/her own conscience… the established doctrine is that this liberty may not be interfered with under the guise of protecting public interest, by legislative action which is arbitrary or without reasonable relation to some purpose within the competency of the state to effect.”
And just what is arbitrary? Just ask yourself either of these two questions:
- if you had “equal protection of the laws”
- if you were “deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
And just what is a “reasonable relation to some purpose within the competency of the state to effect”?
According to the U.S. Supreme Court, first amendment rights can be restricted only to prevent grave and immediate danger to someone’s life, liberty or property.
“… freedoms of speech and of press, of assembly, and of worship may not be infringed on such slender grounds. They are susceptible of restriction only to prevent grave and immediate danger to interests which the state may lawfully protect” (This phrase was used in many Supreme Court decisions to protect your rights. Carrol v. Princess Anne 393 U.S. 175, Thomas v. Collins 323 U.S. 516, West Virginia v. Barnette 319 U.S. 624, in re Brown 9 Cal.3d 612, West’s Constitutional law, key 84, 90, 91 — etc.)
We no longer have the justice that government was created to protect. Courts once had a duty to render to every man his due.
In fictione juris semper cequitas existit:
A legal fiction is always consistent with Equity.
— 11 Rep. 51.
If you are interested in justice I recommend these books:
Justitia est constans et perpetua voluntas jus suum cuique tribunendi.
Justice is a steady and unceasing disposition to render to every man his due.