California Legislators Violate Our Constitutional Rights

Our constitutional rights are being violated—always in the name of a social good, of course. I’ll focus on four California matters, one of them still under consideration: 1) Gov. Gavin Newsom as monarch; 2) the AB-5 gig law; 3) the Tenants’ Opportunity Purchase Agreement (TOPA); and 4) Measure C.

July 11,2020 By Ronald L. Trowbridge

Gov. Newsom as Monarch

In multiple ways Gov. Newsom has become a monarch—a benevolent monarch, but a monarch nonetheless. I am amazed at how many aspects of that document the governor has violated. He would of course argue that his acts are for the public good, but he has tossed the Constitution out the window.

For example, Article 1, Section 8, says that Congress alone has the authority “to regulate commerce with foreign nations and among the several states.” Yet Gov. Newsom has unilaterally shut down varieties of commerce and restricted travel, even excursions from one’s home. Much of this commerce becomes interstate.

The First Amendment protects “the free exercise” of religion, yet the governor has restricted worshippers from safely attending church.

The First Amendment also enumerates “the right of the people peaceably to assemble,” yet we are told to stay shuttered in our homes.

The Fifth Amendment states that we cannot be “deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.” Yet the governor has denied us our jobs, our private incomes, our businesses and workplaces without compensation or due process.

The governor is also mandating “contact tracing,” attempting to identify all the individuals with whom a COVID-19 patient had contact. If tracing is conducted by the government, this would likely violate the Fourth Amendment, which mandates, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” And the search for evidence of contacts in our homes would violate part of the Third Amendment that states, “No soldier shall in time of peace be quartered in any house without the consent of the owner.” Our homes are our private domain.

Now I know full well that many will defend these constitutional violations by arguing that they were necessary to counter the ravages of COVID-19. But the U.S. Department of Justice has declared that the Constitution contains no “pandemic exception.” Gov. Newsom has clearly violated the Constitution in many ways without, to my knowledge, authority from the courts. He’s been backing off from some of his edicts, but the battle with COVID-19 is far from over. Will he reimpose his edicts? If so, will he seek the authority of the courts? Will he ask the Supreme Court to permit him as governor to violate the Constitution in many ways?........To Read More....