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by SllX 2293 days ago
If there is ever an epidemic so bad that the Constitution becomes a suicide pact, then it would probably be cast aside in the name of survival, but the United States of America would cease to be a legal entity in its current form and we’ll have much bigger problems.

https://usconstitution.net/

Here’s a link to the Constitution, you can read it back to front. Congress writes Federal law, you can read Article I to confirm that much, and Article II and III to confirm that the President and the Courts do not.

You can then review Article I to confirm the limits of Congress’ powers, and then Amendments I through XXVII to figure out what changed. For example, the first five words of the First Amendment is “Congress shall make no law”, and the subsequent passage outlines the various rights that Congress shall make no law a about. It doesn’t say anything like “except in public emergencies” or “except if aliens invade” or “except unless they really really want to.” All case law related to the first amendment is related to what the press, association, peaceably to assemble, petition, redress, grievances, establishment of religion, the exercise of religion and so on and so forth even mean.

What it comes down to is, back to front, every right listed within the Constitution and even some that are not listed at all is considered a natural right, not a civil right, not an insert-descriptor-here right and it is outside the authority of the Congress, and by extension the enforcers and interpreters of the laws which Congress passes to curtail or abridge these with two notable exceptions in habeas corpus when suspended and in conviction of a crime after due process has been established and a sentence passed.

You were born with these rights and you will die with them as far the Constitution is concerned, and since we practice Constitutional supremacy rather than say, Parliamentary supremacy, it’s not within the powers of Congress, the President, the Courts or any other jurisdiction subject to the US Constitution to throw their hands up, squint really hard and say “no, not really, not in circumstances X, Y, and Z.”