By Judge Andrew Napolitano -
The Constitution—when interpreted in accordance with the plain meaning of its words and informed by a fair reading of history—does not permit the government to infringe upon personal freedoms, no matter the emergency or pandemic. For those who agree with me, worry not. We will persevere. For those who trust the government, worry a lot. You are not in good hands.
As I write, it appears new orders of restraint on personal liberty are coming in the name of fighting a new pandemic. Yet, the purpose of the Constitution is both to establish the government and to limit it. Some of the limitations are written in the Constitution itself. Most of the limitations that pertain to personal freedoms are found in the Bill of Rights—the first 10 amendments.
These amendments were ratified to restrain the federal government from infringing upon personal liberties. Since the enactment of the 14th Amendment in 1868, and subsequent litigation, the Bill of Rights, for the most part, restrains the states as well.
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