A state legislature from Colorado is pushing back against the executive orders of politicians and the recommendations of health officials to
In a letter to his constituents on November 17th, Mark Baisley (R) encouraged Coloradans that their constitutional rights could not be suspended.
“It is important for Americans to realize that, in spite of their good intentions, neither a Governor, a President-elect nor I as your State Representative have the constitutional authority to restrict the number of family members who gather in your home,” he wrote.
“You have a constitutionally guaranteed right of assembly and association, specifically protected in the First Amendment.”
He also recognized that for many, Thanksgiving is a religious observance, and therefore, also protected by the First Amendment.
He reminded his constituents that “the Constitution is not suspended because of a pandemic.”
Baisley ended the letter by quoting from a landmark 1866 U.S. Supreme Court decision:
“The Constitution of the United States is a law for rulers and people, equal in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious (malicious) consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies (emergencies) of government. Such a doctrine leads directly to anarchy or despotism.”Ex parte Milligan
On Tuesday, Colorado Governor Jared Polis (D) announced new coronavirus restrictions in response to rising COVID cases. Under Polis’ new restrictions, indoor dining is prohibited, gym capacities are reduced from 25% to 10%, and private gatherings are prohibited.
Polis is one of many governors and politicians attempting to curb COVID-19 cases by prohibiting private gatherings.
Washington State Governor Jay Inslee recently told Washingtonians that “it’s just too dangerous to gather indoors” this Thanksgiving. He, too, has prohibited private gatherings that mix various households together.
Several other governors and mayors nationwide are enacting prohibitions on private indoor gatherings, or just strongly encouraging residents to refrain from inviting members of other households to Thanksgiving.