State of Emergency: the Emergence of Totalitarian Socialism

After reading that Michigan governor Whitmer had ordered gardening centers closed (excepting in smaller stores), I had to wonder what authority governors have to disrupt the economy to such an extent. Not long ago, President Trump called illegal immigration into the US from the southern border an "emergency," and used the claim to bypass Congress and spend money intended for the military. He was accused of acting like a king or dictator. Now we find the governors of every state free to become dictators -- far beyond merely misappropriating appropriated funds. "Government of the people" now turns out to mean "government by the people" only to the extent that they may chose a dictator from two presented by the political duopoly.

Here is what Michigan law MCL 10.31(1) says:

"During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety."

This law completely obliterates all laws -- and it does so by a governor merely saying that in her (or his) opinion, there is an emergency or crisis. The rights of every individual are tossed aside (a separate paragraph of the Michigan law does not allow guns or ammunition to be seized, however) by a single action. There is no protection against tyranny. None. The governor has even ordered advertising to be banned if not for essentials.

Consider that a virus is not a tornado, hurricane, earthquake -- not something that hits an area of a state or that is finished in a matter of days. This is a virus that may make someone sick, and may cause death in some cases. Viruses and bacteria beyond counting are present at all times and places, and many make people sick or cause their death.

Governors generally have not designated an small area to be commanded by their decisions -- even areas with no case of this particular coronavirus disease are under draconian orders. Everyone, everywhere, is subject to a dictatorial rule whenever a governor may choose. If the governor feels fearful, she takes command. The fearful are always afraid of something.

People who are ruled by fear have no business ruling others. Yet here we are, a nation of sheep ruled by one who just learned there are wolves in the world. We have nothing to fear but fearful rulers.

We are currently under what amounts to a peacetime version of martial law -- the "state of emergency." The State has emerged to be the totalitarian socialist rule that most politicians so dearly admire.

The Freedom to Obey

The current behavior of those who claim a right to "govern" us -- shows just how easy it is to shift to tyranny from democracy. The mob can easily be led to kill off dissenters.

The Constitution, which vaguely intended to avoid the inevitable descent into feudalism, is often cast aside for the convenience of the rulers.

In the War Between the States, Lincoln claimed his oath to the Constitution required him to make war on those states wishing to withdraw from the Union. But the oath says ""I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

He promised to defend the Constitution -- not the Union. Then, in the Civil War that followed, he suspended habeas corpus -- a right guaranteed by the Constitution.

Woodrow Wilson, in order to prevent dissent against the US Government after he broke his promise and took the country into the Great (European) War, had no trouble getting the Sedition Act of 1918 passed by Congress. When, relying on the Constitutional protection of free speech, someone spoke against registering for the draft that would force them to serve in the war, the Supreme Court took the Government's side -- saying this was like yelling fire in a crowded theater.

Wilson had precedent -- in 1798, Adams had Congress give him the Alien and Sedition Acts. Under this anti-free-speech law, Adams jailed a member of Congress who criticized his behavior. Kentucky and Virginia passed resolutions claiming states had the right to nullify such laws. The Federal courts, of course said no . In all things, the Federal Government rules and all must obey.

We are governed by men, not by laws. We are a democratic tyranny, a police state constantly being reminded that we are free. We live in the world Orwell (and Marx) predicted.