Da Techguy's (no longer backup) Blog

The draconian restrictions issued by Governor Charlie Baker in the name of fighting Coronavirus violate many provisions of the Massachusetts Constitution, along with provisions of the United States Constitution.  The proper level to undo these unconstitutional edicts is on the State level not the federal level. Thanks to our abysmal educational system far too many of us have been brainwashed into believing that the Supreme Court is the one and only venue for addressing all wrongs committed by any level of government.  The founding fathers of this nation along with the framers of the US Constitution and the State Constitutions would be completely dismayed by that level of constitutional ignorance.

The system of government enshrined in the United States Constitution is a distributed constitutional system where legal and constitutional disputes involving state governments are supposed to be solved on the state level and only those involving the federal government are supposed to be solved on the federal level.

Stay at home orders and the orders to close businesses clearly violate the following clause of the Massachusetts Constitution because  liberty, or the freedom to live our lives as we please, is one of our most important natural rights.

Article I.  All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

The government of the State of Massachusetts can only take away the freedom of individuals to come and go from their homes as they please if they are found guilty in a court of law.  That is spelled out in this clause:

Article XII.  And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.

Police officers have absolutely no authority under the Massachusetts Constitution to knock on your door and check to see if you have more than ten people attending a Thanksgiving gathering, Christmas party. or any social event.  If they do the we have every right to demand they produce a warrant.  You are guaranteed that right by the following clause:

Article XIV.  Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the

Only laws passed through the formal legislative process are valid laws in the State of Massachusetts.  These edicts issued by Governor Baker were not passed through the formal legislative process therefore they are not valid.

Article II.  No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives

This article specifically prevents any governor of this state from issuing any edicts of any kind.

Article XXX.  In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

This article clearly states that we the people are in charge of the State of Massachusetts, not the politicians we elect.

Article V.  All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

If we do not like what our elected servants are doing we the people of this state have the absolute authority to reform the government and make sure they listen.

Article VII.  Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it.

On Monday, November 2 Governor Charlie Baker announced extremely draconian restrictions on all residents of the State of Massachusetts  These totalitarian restrictions were announced because Governor stated that the Coronavirus pandemic is becoming dire. A careful examination of the WCVB daily Massachusetts Covid19 tracker will show that is not accurate. 

The number of positive tests per day, which has now risen to 2000 per day, looks alarming compared to June when it was only around 200 a day. In reality that ten fold increase is not alarming because it is the result of a drastically increased number of daily tests, the vast majority who test positive are asymptomatic.   The number of deaths per day has not shown the same 10 fold increase as the number of positive tests, increasing from a low of 13 to 26 or so.   Hospitalizations have only modestly increased from an average low of 400 to a current rate of 600 per day with intensive care numbers increasing from a low of 70 to a current average of 110.

This WCVB Channel 5 article discusses the draconian new mandates in great detail.  This one mandate is as anti liberty as you can get and not based on science in any way.  As far as I know a virus cannot tell time.

Baker announced an overnight stay at home advisory, resembling a curfew, from 10 p.m. through 5 a.m. It will allow activities such as commuting to or from work, running essential errands and talking a walk.

This next mandate boggles the mind and makes no sense.  Now you will have to wear a mask if  you walk down an empty street with no one around you for miles.

Baker’s orders include a change to the statewide mask order. Under the altered order, masks will be required for anyone in any public space, indoor or outdoor, regardless of the ability to maintain social distancing.

Governor Baker will win the Grinch of the year award with this next mandate.  We usually have a few dozen relatives over forThanksgiving and Christmas Eve.  Governor Baker has no right to dictate what people do in their own homes.  That is tyrannical in the extreme.

Gathering limits at private residences across Massachusetts will be reduced, Baker said. Indoor gatherings at private residences will be reduced from 25 to 10, and outdoor events will be reduced from 50 to 25.

Here is Governor Baker’s rational for this tyrannical mandate.

“Young people need to stop having big house parties, and we’re planning to talk to local officials about how we can work with them to prevent these events going forward. Folks need to postpone or rethink any indoor get-togethers, like big birthday parties, baby showers or watching football or some other big sports event with your neighbors. These are places where COVID spreads, unregulated gatherings, even if they’re small, where people let down their guard, ” Baker said.\

This next mandate makes no sense scientifically because for it to have any effect on the transmission  of Coronavirus the virus would need to be able to tell time.

Restaurants will be required to cease in-person dining by 9:30 p.m., although takeout or delivery of food can continue. Liquor stores and other establishments will be required to cease alcohol sales at 9:30 p.m. Several other categories of recreation and entertainment businesses will also be required to close at 9:30 p.m.

This Federalist article proves that mask mandates are not backed up by science in any way at all yet we are all forced to wear them, even alone in a large public park.

Scientists have long tested the value of masks for the general public. The results are not, on the whole, in favor of masks for general use because there are just too many trade-offs and exceptions. Besides, not all masks are created equal. A clean, properly-fitted N-95 respirator and face shield worn, and never touched while worn, by a trained health professional is one thing. A dirty cloth neck gaiter worn begrudgingly at the gym is quite another.

Even Dr. Anthony Fauci used to admit this. “In the United States, people should not be walking around with masks,” Fauci told “60 Minutes Overtime” back in the spring. “There’s no reason to be walking around with a mask. When you’re in the middle of an outbreak, wearing a mask might make people feel a little bit better, and it might even block a droplet. But it’s not providing the perfect protection that people think that it is.”

The people of Massachusetts have become such a pathetic bunch of sheeple. Only a small minority are voicing any opposition to these tyrannical restrictions.  They won’t end until enough individuals demand they stop.