A bill working its way through the New York State Assembly would give Gov. Andrew Cuomo (D-NY) the authority to order the “Removal and detention of cases, contacts and carriers who are or may be a danger to public health.”
Introduced by Democrat Assemblyman Noah Nicholas Perry, Bill A416 gives the governor the authority to declare an individual a threat to public health and then — get this — the “person or group of persons shall be detained in a medical facility or other appropriate facility or premises[.]”
In other words, all the governor — or his assigned subordinates — have to do to lock you up, is come up with “clear and convincing evidence that the health of others is or may be endangered by a case, contact or carrier, or suspected case, contact or carrier of a contagious disease.”
And what is the legal threshold to imprison someone against their will? “[T]hat, in the opinion of the governor, after consultation with the commissioner, [this person or persons] may pose an imminent and significant threat to the public health.”
So not only would the governor have the power to violate your privacy by announcing you’re a public health risk, we’re talking about having you detained and imprisoned for up to 60 days without any kind of due process. That’s right, it’s only after 60 days that this law requires court authorization to imprison you: “in no event shall any person be detained for more than sixty days without a court order authorizing such detention.”
So the government fingers you as a threat to public health, scoops you off the street (or out of your home or place of business), and off you go to some public health facility or “premises” — which is just a fancy term for prison, or a place where you might not be able to earn a living, or pay your bills, or be with friends and family. And this is allowed for two whole months before any sort of due process is required…
Two months where you can’t live your life as you choose, which is supposed to be a God-given right in this country.
Here’s the other thing…
The bill does not specifically mention the coronavirus. It broadens the governor’s police powers “to any communicable disease” for which the “the governor declares a state of health emergency.”
The bill doesn’t even mention a “deadly disease,” only “communicable,” which could include STDs or the flu.
Worse still, the bill doesn’t mention any kind of criminal or anti-social behavior or someone who’s knowingly transmitting the disease by doing something like deliberately coughing in someone’s face.
Hell, you don’t even have to be sick to be picked up and imprisoned by the Health Stasi. “Removal and detention of cases, contacts and carriers…” or merely a “suspected case.”
So if you’ve merely been in contact with someone who’s sick, or are suspected of being sick, that’s enough, and you will only be allowed to leave “after the department determines that the person is not infected with the disease or that such contact no longer presents a potential danger to the health of others.”
Does this mean the government can do tests on you against your will? And imprison you for up to 60 days without due process if you refuse to be tested?
The entire premise around the Constitution is to ensure the government cannot do exactly what a Democrat assemblyman is looking to enshrine into the state law.
The brilliance of the Constitution is that it gives American natural rights that come from our Creator, not from the government. The reason behind that idea is a simple one: if you give the government the power to give people rights, you give the government the power to take away those rights. So, no, our rights come from God, which means that in order to strip us of those rights, the government must prove its case for doing so. The burden is solely on the government.
But in New York, this bill will remove all of that pesky Constitutional nonsense, and nowhere does it even mention or put limits on its Constitutional heresies. Not even lip service or a fig leaf. It’s simply this… You can be picked up and locked up for 60 days because Andrew Cuomo says so.
This is naked totalitarianism, and the sad part is that we are probably one Supreme Court vote away from it becoming legal.
They should call this the Chris Cuomo Bill because the only person I know of who knew he was sick and still ran around outside was Andrew Cuomo’s stupid little brother Typhoid Fredo.