Kentucky Attorney General Andy Beshear (right) speaks about opioid addiction at a news conference Monday, Sept. 18, 2017 at Marshall University in Huntington, West Virginia. At left is West Virginia Attorney General Patrick Morrisey. (AP Photo/John Raby)
From the Louisville, Kentucky Courier-Journal:
Maggie Menderski, Louisville Courier Journal | Published 11:48 AM EDT, April 3, 2020 | Updated 2:36 PM EDT, April 3, 2020
All right, Kentucky, we’ve got the most popular governor in the country.
I’m not measuring this in T-shirt sales, political polls or even that cringe-worthy story in Salon titled “Govern Me Daddy: Kentucky Governor Andy Beshear a clean-cut sex symbol for the coronavirus age.”
This isn’t even about the bartering that other states have been doing on social media for the leader of our modern-day 5 p.m. fireside chat-esque coronavirus updates. Sorry Tennessee, we won’t give you Andy for Dolly Parton, and Georgia your offer of Paula Dean and Coca Cola really falls short.
This is genuinely about how much people “like” him.
In less than a month, our new governor has gone from being a virtual nobody on the national stage to running along-side folks like New York Gov. Andrew Cuomo and New Jersey’s Phil Murphy. These are the kind of people who run states with populations more than double the size of our commonwealth.
You can read the rest of the fawning article yourself . . . if you can stomach it.
The writer, Maggie Menderski, spends her article praising Reichsstatthalter Beshear, telling us how well liked he was for taking actions which suspend our First, Fourth, Fifth, and Fourteenth Amendment rights. President Trump has not tried to issue orders which suspend any of these, though he has urged people to take such actions voluntarily.
The First Amendment specifies that:
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.
With his ‘stay at home’ order, Governor Beshear is suspending the right of the people peaceably to assemble.
The Fourth Amendment specifies that:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Mr Beshear has ordered that everyone entering the Commonwealth must self-quarantine for fourteen days. State Attorney General Daniel Cameron, a Republican who should know better, stated that his office would pursue and prosecute anyone suspected of violating the governor’s executive orders. The Governor is saying, in effect, such people must place themselves under house arrest, without any due process of law, without any trial, and without any evidence that such people are actually infected. As far as I have heard, he hasn’t yet sent the police to enforce such orders, the way he placed an armed deputy outside the home of a Nelson County man, but I can see it coming: the state police in Pennsylvania cited a woman who left her home to go for a drive.
The Fifth Amendment specifies that:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fourteenth Amendment is the mechanism under which the Supreme Court has ‘incorporated’ the Bill of Rights to apply to state and local government action, and not just limit it to restrain federal power.
By ordering people to place themselves under what amounts to house arrest, Reichsstatthalter is depriving people of their liberty, and in some cases property if they cannot attend to their businesses, without due process of law, and the Attorney General has promised to prosecute people who do not submit to that house arrest. In effect, people will be subject to legal punishment for not voluntarily accepting legal punishment in advance of any due process of law.
But Miss Menderski was right about one thing: the sheeple love our Reichsstatthalter! They are willingly surrendering their constitutional rights because it’s an emergency, kind of the way the German people willingly accepted President Paul von Hindenburg’s decree suspending civil rights due to the emergency of the Reichstag fire. Mr Beshear has every right to ask people to comply with measures to reduce the spread of COVID-19, and reasonably they should, but neither he nor any other state governor, nor the President of the United States, should never be granted the authority to use force to compel people to do so.
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