Protests are erupting all over the country against Governors who are said to be dictating authoritarian policies in their states that infringe the constitutional rights and freedoms of the people. Governors that are imposing such restrictive laws and Executive Orders, maintain that they are doing so to protect the people of their state. It is a delicate balance that is hard to reach, but how much is too much?
In New York State, recently approved pay raises will make Governor Andrew Cuomo, who is slated to make $250,000 per year as of 2021, the highest paid Governor in the country. This is notwithstanding his new found omnipotent authority granted to him by a law passed on the eve of the current crisis allowing him to issue ANY directive during a disaster necessary to cope with the disaster; his prohibition against a potentially life saving drug used against COVID-19; effectively compelling nursing homes to accept COVID-19 patients reportedly fueling a wildfire-like spread of the virus; and the currently proposed Bill A99 which if passed, will allow Governor Cuomo during a state of health emergency to remove and detain any person, persons or group of people that in the opinion of the Governor MAY pose a threat to the public health.
Many view Governor Cuomo's actions as in the best interest of the people, especially as his nationwide familiarity grows with the ubiquitous free public exposure he receives from his still ongoing daily briefings. Perhaps even more people view the Governor's actions as tantamount to an unconstitutional power grab that is so dictatorial in nature, that they warrant a full and exhaustive investigation. New Yorkers are currently leaving the State of New York like it is a sinking ship. But the rate at which New Yorkers are leaving, will likely increase several times over if Bill A99 is made into law.
The day that Governors implement laws that will allow them to round up and sequester law abiding citizens that in the Governor's opinion MAY pose a threat to the public health, is the day that our Democracy dies. This isn't China or North Korea, but rather the United States of America where freedom reigns supreme as does the constitutional rights of every individual American. As articulated so well by Thomas Jefferson, the people have the inalienable right to Life, Liberty and the pursuit of Happiness. That in order to secure these rights, Governments are instituted and derive their just powers from the consent of the people. But when Government becomes destructive of these ends, it is the right of the people to alter or abolish it.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com