By Harold Pease Ph. D.
I taught the U.S. Constitution and Current Events simultaneous at the college level for forty years using the Constitution as written in solving controversies or problems—so well designed was it. Students quickly discovered that there were no issues that could not be resolved. So how should the Coronavirus crisis be resolved under the Constitution? States would be taking the lead.
The overall principle of free government and the Constitution as written is to never elevate to a higher level that which can be resolved at a lesser level. Problem solving should begin with the individual and proceed in sequence from him to the family, city, county, and state and elevated only if a lower level of government could not do it. Outside the family all are elected, can tax for its needs, and each is reasonably accessible to the individual. Who says government further away and less accessible performs better or freer?
Notice in the problem solving sequence the federal government was not included. In the Constitution this was purposeful. States were sovereign outside foreign policy. The states were required to be republics (Article IV, Section 4) and were independent of the federal government except for the powers given it listed in Article I, Section 8, Clauses 1-18; essentially the power to tax, pay the debts, and provide for the general welfare and common defense—the last two limited by eight clauses each. All other authority not specifically identified by amendment was left to the states as per Amendment 10. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
We live under two political systems: one (federal) centered on foreign affairs, the other (states) primarily domestic. It’s called federalism, the two share power, neither subservient or above the other and each with separate duties; like a good marriage, a team. This is why President Donald Trump has been encouraging more state involvement. Federal involvement in our lives is supposed to be minimal.
The advantages of federalism are enormous. States serve as laboratories of experimentation. States look to sister states for models and borrow from them in refining their own programs. These places of experimentation benefit everyone.
In the case of the Wahun China Virus (coronavirus), the federal government, led by Trump, controls the border under common defense—those coming in. Trump is not constitutionally empowered to mandate national behavior. Constitutionally states have borders and manage themselves. Taxing powers enable them to fund anything they wish and governors have broad powers to experiment, or not, on different solutions.
Nevada, Wisconsin and New York governors inhibited using hydroxy-chloroquine in the treatment of the virus, others encouraged its use. The virus apexes in different places at different times more especially in crowded areas and summer (getting outdoors) comes earlier in southern states. Each state would decide what measures were best suited for it regarding “shelter in place” or when to return to work. Trump, or Congress, would have little to do with these decisions.
As of March 25, 2020, New York had 10 times the number infected compared to the next in line state New Jersey, and 15 times the number of third in line California. New York Governor Andrew Cuomo quickly developed a plan of action to slow the virus and simultaneously ramp up the beds, staff, and equipment. He initiated “mandatory playground social density,” and no close contact sports. He also sought dormitories and former nursing homes to facilitate more hospital beds.
Moreover, he expressed some unique ideas as well, such as splitting ventilators (for two beds instead of one) and developed a “surge healthcare force” of retired nurses and doctors, hopefully 40,000 strong, as a backup for tired healthcare workers. He created a Mental Health Professionals Sign up Program together with a Hot-Line. He suggested a “rolling deployment” of equipment and practitioners serving New York first then “rolling” to different hot spots as each state enters its apex. Federalism was exercised as 49 other governors did similarly rather than dump all responsibility on Trump.
Under federalism states have the responsibility to be prepared for emergencies and have in place their own programs of assistance and funding. But Governor Cuomo, although commendably now doing something, should have planned for this predicted emergency his first term in office rather than his third. Ventilators, masks, and reserve funding for emergencies, plus a plan for reserve medical staff, should have already been in place. They weren’t! In emergencies when states do not perform their responsibilities they force power to the next level of government as was such in this case. Trump had to provide ventilators, a medical ship, and build three makeshift hospitals in Central Park at federal expense.
Although the Constitution is designed to deal with the coronavirus, states have allowed themselves to become subservient and wards of the federal government. They now hold “alms bowl in hand” begging the federal government to do things for them. They allow whomever is president to have power over them. Many states have larger populations than many countries and have their own tax base and authority. Fumbling this responsibility should never happen. Constitutionally, once the borders are secure, under federalism 50 governors should be on the front lines ahead of Donald Trump.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Thought provoking, Harold. I must note, however, that labeling the Coronavirus as the “Wahun [sic] China Virus can unintentionally (in your case) propagate and perpetuate bias against people of Asian origin and descent. President Trump himself was taken to task for referring to it as the “Chinese Virus.” While this reference may seem of little moment and significance to the majority of people in this country, it has very large consequences and effect on the minority who “breathe while Asian.”
As an example:
“Recently, the FBI warned that hate crimes against Asian Americans are likely to increase as the coronavirus pandemic spreads.
While the Centers for Disease Control and Prevention recognizes that the novel coronavirus probably originated in Wuhan, China, Asian Americans are not responsible for the disease’s emergence or spread. Nonetheless, congressional Democrats have condemned Republican leaders for having made a point of calling the coronavirus the “Chinese Virus,” “Wuhan virus” and the “Kung Flu.”
And Asian Americans have been reporting being verbally or physically attacked.”
Indeed, another report personally illustrates the spread of anti-Asian racism:
The novel coronavirus pandemic has Americans across the country fearful for their personal health and well-being, but for Asian Americans, the virus has stirred up another threat: a wave of verbal and physical attacks.
Jeff Yang experienced what he calls his own “breathing while Asian” moment last week while shopping at his local grocery store in Los Angeles. Even as the host of a podcast about being Asian in America, Yang says he was taken aback when a woman leaving the store noticed him — the only Asian in line — and started shouting profanities.
“She pulled down her mask, coughed theatrically in my direction, pulled up her mask, walked away, got into a car and drove away,” Yang recalls. “I was too shocked to do anything.”
“It really was a bit of a gut punch,” Yang added.
For Jeni Erbes-Chan, an architect in New York, it was a trip on the subway on March 10, her last day in the office before the citywide stay-at-home order, that shook her.
“A man sort of lurched at me and shouted, ‘You people brought the virus. Go back to China.’ I was a little in shock,” Erbes-Chan said. “I just put my head down and tried not to make any eye contact after that.”
Like so many others, she went about her day and didn’t report the incident to law enforcement.
“You just bury your head and you move forward because no matter how hard you work, how successful you are, what friends you make, you just don’t belong,” she said. “You will always be looked at as foreign.”
Excellent!
“When somebody’s the President of the United States, the authority is total, and that’s the way it’s got to be,” Trump said at a bitter White House coronavirus briefing.
Trump then said: “The authority of the President of the United States having to do with the subject we’re talking about is total.” And after speaking about local governments, he said, “They can’t do anything without the approval of the President of the United States.”
Comments?
Since your newest post has comments locked, I’ll post here.
Part of the reason the numbers are going down is because the lockdown is working as intended. Less people are getting sick because social distancing is working.
You are cherry picking data and comparing those cherries to oranges.
Your number of only 7% of people younger than 50 is just plain wrong if you read anything about the disease since February.
Korea just reinstated their lockdown after easing up on it due to the spike in reinfection. Same with Japan.
Tell your loving readers that you are going out for groceries without a face mask or gloves. You told your classes to light up a cigarette and blow their smoke in people’s faces, how about you let someone blow air in your face?
I’m Sure this comment will either be deleted, or left with “Your comment is awaiting moderation.” indefinitely.
Well said Dr. Pease!
I have contemplated sending President Trump a copy of the 5000 year leap book for future reference.
My thought …
If you can not use our Constitution to restore just one of our states sovereignty, how in the heck do you expect to restore a nation that continues to usurp the Constitution on a daily basis?
We can continue to talk about solutions to restore the nation until pigs fly but … It is pretty evident for a long, long time, the Federal government has continued to operate outside of the Constitutions enumerated powers causing a rapid collapse of our country/50 states due to its massive size and control.
I do believe our Founders and Framers gave us the most precious God given One Time Gift, our Original Constitution … A republic if you can keep it.
Well, understanding natural law and nature of man has made me come to a final conclusion, the Phoenix will not rise again in the U.S..
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
James Madison, The Federalist Papers, 1788
Thanking God for another truthful article Dr. Pease!
Our government leaders, and many others, could sure learn a lot from what Samuel Adams once quoted, “If you love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that you were our countrymen.”
May God have mercy and help us all. 2 Thessalonians 1:7-9, Revelation 6
Dr Pease censoring comments again.
Samuel Adams, one of the founding fathers of the constitution, quoted this around 1776.
“If you love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that you were our countrymen.”
If it were possible, Sam would be rolling in his grave, to see the corruption/greed in our government today. Thank God for your articles of truth Dr. Pease, cus I wouldn’t trust anything the mainstream media, and most working for government say. If you google enough there is plenty of proof, that the corona virus deaths/illnesses stats are way off, and in fact, many more have died from flu, cancer, etc, than this. Also, not allowing us to go outside to enjoy some good ‘ol Vitamin D from sunshine our Almighty God, LORD, and Creator made for us, is depriving us of one of the best natural remedies staying healthy. Raw/organic apple cider vinegar, with the mother, is also loaded with lots of healthy benefits, and kills bacteria from viruses, and other diseases. Psalm 121
Another excellent article, Dr Pease. As stated previously, the IXth and Xth amendments both speak to federalism. And as your article points out, states ought to exercise their own individual rights and privileges to the benefit of their citizenry in accordance with the constitutions of the federal government and that of the state. However, recently the
mayor of Los Angeles, Gill Garcetti, recently proposed that the LA County sheriff’s authority would and should enter into
private homes and extract (remove by force) those individuals who are ill with the China virus (Covid-19). This would,
of course, be in stark violation of the IVth amendment of the Federal Constitution and presumably of the constitution of the State of California. This is another example where, once again, this state has, by its actions, proposed to removed the rights given by the Federal Constitution to its citizens.
Thank you for writing and sending me your articles over the past few years. I did read them through the Mineral County News Tribune, Keyser, WV, for several years.
Your articles are very thoughtful an to the point. I am so happy that you believe the Constitution is our guiding document. Too bad about half of the people in the United States seem to hate American and are leaning toward Socialism/Communism.
Our schools, k through grad school, have been indoctrinating our kids for at least 30 years.
It is so sad that our former President, Obama, and his friend George Soros, seems hell-bent to change America. Also, the United Nations wants the world to go its way. Obama and Soros have established groups throughout all American to make certain their ideology will be followed.
God bless America.