Eric Yollick, Guest Editorialist to The Golden Hammer
In the entire Constitution of the United States, there is only one place where there is authority to suspend a constitutional right: in Article IX, Section 2, which states “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Clearly, in the case of a rebellion or an invasion where public safety requires it, the government may suspend the privilege of the writ of habeas corpus. That is explicit in the Constitution.
Nevertheless, there is no other place where the Constitution authorizes suspension of other rights or privileges. In particular, the entire Bill of Rights (the first ten Amendments to the Constitution) lacks any authority for suspending those rights.
The First Amendment provides: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Those rights extended to the states when the Fourteenth Amendment became a part of the Constitution.
Therefore, here’s the bottom line. Neither a Texas County Judge (e.g. Mark Keough), a Texas Governor (e.g. Greg Abbott), nor any other governmental authority anywhere in the United States may suspend the right of the people peaceably to assemble nor may they prohibit the free exercise of religion. THESE LOCKDOWN, STAY-AT-HOME, AND BUSINESS CLOSURE ORDERS ARE A CLEAR VIOLATION OF THE CONSTITUTION AND OF OUR FUNDAMENTAL FREEDOMS AS AMERICANS. THEY MUST COME TO AN END NOW.
(That’s not even to mention the strong epidemiological and statutory legal reasons those orders are inappropriate, unauthorized, and downright dumb.)
Eric Yollick is the Founder of The Golden Hammer and was this newspaper’s first Publisher. He is currently running for 457th District Court Judge in the July 14 Republican Runoff Election.
[Publisher’s Note: Eric Yollick first published this commentary on social media. The Golden Hammer asked Yollick to publish this piece in the newspaper.]