Neither Pandemic nor Panic Supersede the First Amendment

First Amendment to the U.S. Constitution. Photo by Zakarie Faibis. Creative Commons Attribution-Share Alike 4.0 International license.
First Amendment to the U.S. Constitution. Photo by Zakarie Faibis. Creative Commons Attribution-Share Alike 4.0 International license.

Rodney Howard-Browne, pastor of The River church in Tampa, Florida, strongly believes that God wants his church to continue holding live services for hundreds of parishioners even in the middle of the COVID-19 pandemic.

Hillsborough County sheriff Chad Chronister and state attorney Andrew Warren strongly believe that they’re entitled to threaten Howard-Browne with arrest for holding those services, then follow through on that threat.

Howard-Browne is obviously willing to go to jail for his belief. Are Chronister and Warren willing to go to prison for theirs?

Whether Howard-Browne is correct in his assessment of God’s commands isn’t something I’ll pretend to know. But Chronister and Warren are, beyond a shadow of a doubt, incorrect in their claims of authority.

The First Amendment to the Constitution protects both the “free exercise of” religion and the right “peaceably to assemble.” While that amendment initially bound only Congress, the 14th Amendment has generally been construed to extend its strictures to the state and local levels of government.

And then there’s 18 United States Code, Sections 241 and 242.

Section 241 provides for up to ten years of imprisonment if “two or more persons [for example, Chad Chronister and Andrew Warren] conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.”

Section 242 adds another potential year of imprisonment for doing the above “under color of any law, statute, ordinance, regulation, or custom,” including “stay-at-home” or “lockdown” orders issued by local and state political officials.

I double-checked, just to make sure. Neither the First Amendment nor either of those US Code provisions include an “unless someone jumps up and down and screeches that there’s an emergency” exception.

Rodney Howard-Browne may not be the sharpest knife in the drawer (many churches are holding services online and I haven’t heard of any divine smite-downs over it), but he’s within his rights.

Chronister and Warren may be genuinely concerned about the spread of COVID-19, but they’re also lawless hooligans operating well beyond any reasonable claim of legitimate authority.

Sadly, they’re far from unique. Once the immediate danger is past, we should proceed immediately to Nuremberg-type tribunals to deal with them and the hundreds or even thousands of temporarily over-empowered scofflaws like them.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

By The Time We Notice We’re Hungry, It May Be Too Late

Future Farmers of America picking tomatoes: Palmetto, Florida, 1947. Public domain.
Future Farmers of America picking tomatoes: Palmetto, Florida, 1947. Public domain.

“[A]s the top U.S. watermelon-producing state prepares for harvest, Reuters reports, “many of the workers needed to collect the crop are stuck in Mexico …. Without the workers crops could rot in fields throughout the country,” starting in Florida and California where major harvests begin in April and May.

As you can probably guess, the problem stems from the COVID-19 panic. The US State Department has halted routine visa applications and consulates are limiting both staff numbers and staff contact with applicants. That’s making it difficult for the quarter million migrant workers who normally pick America’s crops to get here and get to work.

Most Americans aren’t hungry. Yet.

But unless something changes, we’re going to start GETTING hungry in a couple of months.

And by then, it will be too late. Planting cycles don’t turn on a dime for our convenience and ripe crops don’t wait. They get picked when it’s their time, or they go to waste. We get the food while the gettin’s good, or we don’t get it at all.

There’s a non-trivial chance that Americans are rushing headlong into a horror we haven’t seen since the Civil War — mass starvation — or, at the very least, malnutrition on a scale we haven’t suffered since the Great Depression.

We can’t avoid that outcome with stimulus checks in our mailboxes. All the money in the world won’t buy you a cantaloupe if there aren’t any cantaloupes to buy.

We can’t hold it off with corporate bailouts, either. It’s not money Big Agriculture’s lacking for, it’s permission for its workers to come pick the crops.

If we want to keep eating, our politicians are going to have to knock off this “shutdown” nonsense and let people get back to work.

Yes, even if that means that COVID-19 remains a problem or becomes a bigger problem.

The varying probabilities of catching the disease, and the varying probabilities of dying from it, pale next to the absolute, indubitable, 100% certainty that if we do not eat, we WILL die.

Politicians can’t just shut down major parts of an economy at will, start them back up, and expect things to go well. They can’t throttle the food supply chain without consequences.

We gotta eat.

Which means we’re going to have to insist that the politicians hang their Mussolini costumes back up in the closet and magnanimously permit us to get back to our lives.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Congress Declares Itself Non-Essential

US Capitol (via Pexels, CC0 License)

Around the US, “essential” workers are going to work everyday and doing their jobs, COVID-19 pandemic or not. Factory workers are producing things. Truck and delivery drivers are transporting those things. Grocery store employees and food service workers are making sure food reaches our tables.

Congress, not so much.

When US Representative Thomas Massie (R-KY) tried to require his fellow politicians to actually show up at the Capitol to vote on the biggest one-off welfare handout in human history, and to  record their votes for posterity, all hell broke loose.

House Speaker Nancy Pelosi (D-CA) called Massie a “dangerous nuisance” for having the gall and temerity to suggest that the House get the constitutionally required quorum (216 members) together and put them on record instead of just pretending it had such a quorum and holding an undifferentiated voice vote.

US Representative Peter King (R-NY) said it was “disgraceful” and “irresponsible” of Massie to imply that King should show up for work instead of sitting at home in New York collecting his $174,000 salary, his lavish fringe benefits, and his comfortable retirement package.

President Donald Trump called Massie a “third-rate grandstander” and advocated his expulsion from the Republican Party. I mention this only to acknowledge Trump’s expertise in third-rate grandstanding, and to suggest that he’s not otherwise qualified to so much as carry Massie’s briefcase.

And so it went down on March 27:

Massie called for a recorded vote. The chair pretended to count those standing in favor of a roll call vote and announced there weren’t enough.

Upon Massie’s further objection that the House lacked a quorum, the chair spent four seconds pretending to count to 216 in a nearly empty chamber before asserting that yes, there was a quorum, and declaring the bill passed.

If any other body pulled that kind of stunt, its members would find themselves in court answering to charges of honest services fraud. But when Congress lies, even as openly and arrogantly as it did here, it usually gets away with doing so. Massie presumably lost this battle.

But there’s a larger war on over the credibility of American politicians and political institutions, and if we listen to what Congress is actually saying, it just shot itself in the foot in public.

Here’s the message Congress just sent America:

“We as individual members of Congress are far too important, and Congress itself is far too un-important, for us to be expected to do our jobs if doing our jobs entails any personal risk, or even inconvenience.”

Or, to put it a different way, “we’re far more important than Subway sandwich artists, and the House of Representatives isn’t nearly as important as a Subway  store. Our safety and comfort is paramount and the job we do isn’t important enough to do right.”

I’m not sure I agree with Capitol Hill’s (when they bother to be there) perfumed princes and princesses as to just how very special and important they are, but I think they’re onto something with the second part.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY