This is a MUST READ, logical, and straightforward piece about how certain Governors overstepping their authority, and what that means. Written by Daniel Bobinski: Tyrant Governors and the Future of America https://uncoverdc.com/2020/04/15/tyrant-governors-and-the-future-of-america/ via @newbookofdaniel

From the piece by @NewBookofDaniel: Whenever a state joins the Union, they agree that the Constitution is the Supreme Law of the Land. With that in mind, allow me to quote from the Supreme Court in 1866:

“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, (cont)

was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.”

In other words, no matter what “emergency” the government faces (the great exigencies of government), the Constitution cannot be suspended.

No governor or agency (such as the CDC or a State Dept. of Health & Welfare) can create a policy, declaration, or law that supersedes the Constitution. (cont)

Let me also quote the 5th Amendment to the Constitution:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, (cont)

...when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, (cont)

...or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The key words here are, “No person shall … be deprived of life, liberty, or property, without due process … without just compensation.”

All that said, it means when a state’s governor issues a “stay home” order, people are being deprived of liberty. And when a governor says non-essential businesses must close, a person is being deprived of property. These things are being done without due process.

Due process requires that that laws be applied equally, so identifying “essential” and “non-essential” businesses violates that. Due process also includes an accusation, the gathering of evidence, a plea, and a fair public trial conducted in a competent manner with an (cont)

...impartial jury. With due process, the accused has the right to be present at the trial, be heard in his or her own defense, and be free to cross-examine witnesses.

None of this is happening, and a governor’s declaration is not due process.