COVID-19, AND REOPENING, HAS AN INTERESTING, CONSTITUTIONAL LAW, ISSUE, DEALING WITH "SEPARATION OF CHURCH AND STATE"
AMERICAN FAILURE OR AMERICAN SUCCESS?
THAT DEPENDS ON HOW YOU LOOK AT IT?
DEATH TOLL ONLY? MISERABLE FAILURE!
HOWEVER, FROM A UNITED STATES CONSTITUTIONAL SHOWCASES . . . PERFECT!
WE HAVE SEEN, THROUGH TRIAL AND ERROR, OUR FEDERALIST SYSTEM OF GOVERNMENT, CLEARER AND CLEANER THAN EVER BEFORE IN RECENT HISTORY!
10TH AMENDMENT HAS REAL TIME, PRACTICAL APPLICATION TO THIS PANDEMIC!
WHAT IS EXPRESSLY GIVEN, TO THE FEDERAL GOVERNMENT, BY THE STATES AND THE PEOPLE, CAME OUT, THROUGH, BLUNDERS AND ERRORS OF THE ADMINISTRATION, OR REFUSAL TO DO, MUCH MORE THAN, GIVE TRUMP, A PLATFORM FOR HIS NORMAL, POLITICAL RALLIES!
WITH JARED KUSHNER, EXPOSED FOR THE NUMB-CHUCK, HE IS, EVEN WITH A HARVARD, BUSINESS DEGREE . . . THE FEDERAL PANDEMIC STRATEGIC STORAGE SUPPLIES, WERE THE TRUMP WHITE HOUSE PROPERTY, AND FUCK THE STATES, GET YOUR OWN, SUPPLY!
WHAT THE FUCK?
THIS FORCED THE GOVERNORS, NOW WITH, FAVORABILITY RATINGS OFF THE CHARTS, FROM BEFORE THE PANDEMIC, STEPPING IN, SEEING THE GAPPING LACK OF LEADERSHIP AND PPE'S, TAKING THEIR CONSTITUTIONAL ROLES, MORE SERIOUS, THAN EVER BEFORE, TO PROTECT THE "HEALTH, SAFETY AND WELFARE" OF THEIR STATE'S CITIZENS!
NEW POLITICAL ROCK STARS!
LOL.
UNINTENDED CONSEQUENCES!
PERFECT.
SO, HERE WE ARE, WITH STATES, TRYING TO REOPEN, RELYING ON FACTS, DATA, AND MEDICAL ADVICE, RUNNING STRAIGHT INTO WHO CONTROLS, WHEN IT COMES TO "SEPARATION OF CHURCH AND STATE?"
BAD ASS CON LAW QUESTION OR ISSUE: IS A WORLDWIDE, PANDEMIC, REASON ENOUGH, TO PUT, CHURCHES, AT THE MERCY AND UNDER THE CONTROL OF GOVERNORS OR EVEN MAYORS, WHO ALSO HAVE BEEN GIVEN POWERS, THEY, HAVE LONG BEEN, ABLE, BUT NOT USED, TO, DICTATE, STAY AT HOME, ORDERS, NOW, REOPENING, STRATEGIES, WITH REGARD TO CHURCHES? SYNAGOGUES? OR RELIGIOUS ORGANIZATIONS, WHO HAVE TRADITIONALLY, BE FREE, UNDER THE FIRST AMENDMENT, TO OPERATE, FREE, OF GOVERNMENT CONTROL, AS PER THE "RELIGIOUS FREEDOM" CLAUSE IN THE FIRST AMENDMENT?
THE PRESIDENT, REFUSES TO TAKE RESPONSIBILITY FOR HIS RESPONSIBILITIES, AND ROLE, IN GOVERNMENT AND IN OUR FEDERALIST,, SYSTEM, BUT HE LOVES, TO STEP IN, WHERE HE SHOULD NOT TREAD, AND CALL THE SHOTS, WHERE HE HAS NO JURISDICTION OR POWER TO CALL THE SHOTS!
GENERAL PRINCIPLES AND CONCEPTS IN CONSTITUTIONAL LAW:
(1) CONGRESS OR THE GOVERNMENT, IS, NOT TO ESTABLISH A RELIGION . . . MAKING THE CONVERSE OF THAT, ALSO TRUE, WE, AS CITIZENS, CAN WORSHIP AS WE PLEASE; HOWEVER, THOSE WHO DON'T WANT TO WORSHIP, OR GO TO CHURCH, ARE ALSO, PROTECTED BY THIS CLAUSE, TO BE FREE FROM RELIGION TOO!
(2) THE U.S. SUPREME COURT, WITH THE JURISDICTION AND POWER, TO INTERPRET THE U.S. CONSTITUION, AND CONSTITUTIONAL QUESTIONS OR ISSUES, INCLUDING, FEDERAL QUESTIONS, BETWEEN, THE SEPARATION OF STATE AND FEDERAL POWERS, DETERMINED THAT, THERE IS A "WALL OF SEPARATION" BETWEEN, THE CHURCH, AND BETWEEN, THE GOVERNMENT, BOTH, FREELY OPERATING WITHOUT THE INTERFERENCE OF THE OTHER ENTITY.
(3) THE 50 STATES, HAVE, SOVERIGNTY, AND OPERATE, WITHIN THE UNION OF STATES, WE CALL, AMERICA, JOINING, TOGETHER, BUT SEPARATE, IN THIS UNION, GIVING, CERTAIN POWERS TO THE FEDS, AND KEEPING THE REST FOR THE STATES AND THE PEOPLE, WHO CREATED, THE FEDERAL GOVERNMENT, TO PROTECT US FROM, FORIEGN AND DOMESTIC INSURECTIONS AND REBELIONS, OR INVASIONS!
IN THIS DIVISION OF POWERS, SOMETIMES IN COMPETION AND SOMETIMES, WORKING IN COORDINATION AND COOPERATION, WITH THE FEDERAL GOVERNMENT, COMBINE POWERS, TO TAKE CARE OF THE INDIVIDUAL STATES IN CRISIS, OR EMERGENCY, AS THIS PANDEMIC IS. WHILE THE STATES CAN DO MOST OF THE WORK, THEY DON'T HAVE THE FEDERAL TAXING POWERS, OF ALL 50 STATES IN THIS UNION, TO COVER, THESE, ACTS OF GOD, THAT CAN HIT ONE STATE, OVER ANOTHER, OR ALL OF THEM, AS, APPEARS TO BE HAPPENING NOW, SO COMBINED, TAXES, OF ALL STATES, COVER MILITARY SUPPORT AND DEFENSE, BUT, THEY ALSO, COVER, THINGS LIKE THIS PANDEMIC, THROWING, THE ECONOMY, AND STATE BUDGETS, OUT OF SORTS, BEYOND, THEIR BUDGETS, AND CONTROL!
(4) AT FIRST, CHURCHES REFUSED TO COMPLY, WITH STAY AT HOME ORDERS AND BY ALL CONSTITUTIONAL STANDARDS, THEY HAD THE POWER, TO IGNORE THEM AND CONTINUE, TO LEAVE THEIR DOORS OPEN. HOWEVER, AS THE PASTORS, MOCKED, THE ORDERS, PEOPLE, PARISHIONERS, EVEN PASTORS, STARTED TO GET THE VIRUS, AND, MOST IF NOT ALL, CHURCHES, SHUT THEIR DOORS AND HUNKERED DOWN FOR THE STORM AHEAD, TRUSTING THE GOVERNORS, TO KEEP, THEM SAFE AND SECURE, CORONAVIRUS FREE!
(5) AS THE VIRUS SUBSIDED, OR APPEARED TO HAVE HIT ITS PEAK, AND WAS ON THE DOWNHILL SIDE OF THE THREAT, SEVERAL CHURCHES, DECIDED, THEY WERE GOING TO REOPEN, REGARDLESS OF STATE GOVERNORS' ORDERS AND CDC RECOMMENDATIONS. ONE CATHOLIC PARISH, DECIDED TO DO JUST THAT AND GO ON FAITH . . . ALL THREE, PASTORS, OR PRIESTS, GOT THE VIRUS!
(6) IN ONE CHURCH CHOIR, ONE PERSON, WITIH ASYMPTOMATIC OR NO SYMPTOMS, OF THE VIRUS, INFECTED, LIKE, 25 OR MORE OTHER CHURCH SINGERS! WHOOPPS! YIKES.
NOW, THAT I HAVE DONE MY, ONE WOMAN, CONSTITUTIONAL ANALYSIS, LOOKING AT THE GENERAL PRINCIPLES AND CONCEPTS, MY CALL, IF I WERE ON THE HIGH COURT, I WOULD, RULE, DECIDE, ARGUE, THAT, WHILE CHURCHES, HAVE EVERY RIGHT, TO OPEN, WHEN, THEY PLEASE . . . IT MAY NOT BE WISE TO DO SO!
IN ADDTION TO THAT, WHO, COVERS THE COST, OF TREATING THE NEWLY EXPOSED, CHURCH MEMBERS?
ARE THE STATES, RESPONSIBLE, FOR, CHURCHES, DISOBEYING, FACTS, DATA, AND MEDICAL CALLS OF THE GOVERNOR?
THEN, I WOULD, SAY, ALONG WITH THAT, RELIGIOUS FREEDOM, THEY MUST COVER THE COSTS OF THOSE IN THEIR CHURCHES, WHO, NOW, HAVE COVID-19!
LIABILITY, IS ALWAYS A SOBERING, THOUGHT, FOR ALMOST ANY ENTITY! INCLUDING CHURCHES!
MY ADVICE, NOT MEDICAL, MORE LEGAL, CONSTITUTIONAL FOR SURE, IS ALWAYS, ERROR ON THE SIDE OF SAFETY!
THE PRESIDENT AND THE FEDERAL GOVERNMENT, ARE IN THE PREAMBLE, GIVEN THE JURISDICTION OVER THE "GENERAL WELFARE" OF THE STATES AND THEIR CITIZENS, SO HE IS LIKE, ONE REMOVED, FROM, DIRECT, FIRELINES.
STATES HAVE THE MORE, IMMEDIATE, AND CLOSER, RELATIONSHIP, OF PROTECTING, THE "HEALTH, SAFETY, AND WELFARE" EXPANDING THE POWERS, OF THE FEDS, AND GETTING INTO THE NITTY GRITTY OF COVID-19 CRISIS!
AMERICA, IS MESSY, UGLY, WONDERFUL, AND FREE!
I REMEMBER WHEN THE VIRUS FIRST CAME OUT, AND SOUTH KOREA, TOUTED AND LOUDED, AS A MODEL, NATION RESPONSE, SOMEONE SAID THE INTENT OF THIS, PANDEMIC, AS IF IT WAS, DONE ON PURPOSE, WAS TO MAKE, COMMUNIST AND SOCIALIST, COUNTRIES, LOOK GOOD, AND MAKE DEMOCRACIES, LOOK BAD!
YOU FAILED!
THE WORLD HAS WATCHED, FIRST HAND, THE PROCESS, OF A CONSTITUTIONAL DEMOCRACY, POLITICS, RELIGION, POWERS, EGOS, AND ALL, BATTLING, TO MAKE SENSE OF THEIR, INDIVIDUAL AND COMBINED, POWERS TO DEAL WITH THIS DEADLY KILLER!
WHAT COULD BE MORE PERFECT FOR, A BAD ASS CON LAW CHICK, TO TEACH, THE BEAUTY, POWER, AND, INSPIRATION OF THIS COUNTRY?
NOTHING.
THE LOSS OF LIFE IS HIDEOUS!
HERE IS MY, TAKE ON, PEOPLE, IN NURSING HOMES, WITH ABOUT, 50% OF THE DEATHS, ATTRIBUTED, TO THE VIRUS, CAN BE COMPARED TO, LETTING A FOREST FIRE BURN, SEEING IT AS A HEALTHY, CLEARING OUT OF OLD DEAD WOOD! SO NEW GROWTH, CAN START, THE REGROWTH OF AN OLD DYING FOREST, TURNING IT INTO, A FRESH, LIVELY, THRIVING, NEW FOREST!
SOME STATES ARE REFUSING TO COUNT, NURSING HOME DEATHS AS, COVID COUNT . . . LIKE I SAID, IN MY BLOG, AS, STAFF ATTORNEY FOR THE UTAH, KIDS, DIVISION OF AGING, WORKING WITH AREAS ON AGING IN THE STATE, AND LEARNING ABOUT, NURSING HOMES, VISITING, MANY, THE "AVERAGE" TIME, SOMEONE, LIVES IN A NURSING HOME, IS ROUGHLY, ONLY TWO MONTHS!
DYING IS PART OF LIVING!
I AM SOMEWHERE BETWEEN, A "CRADLE TO GRAVE" LIBERAL, AND, A ECONOMIC REALIST, AND CONSERVATIVE, BOTTOM LINE, OUR TAXES AND MEDICAL EFFORTS ARE BETTER SPENT ON THOSE, UNDER THE AGE, OF AT LEAST 80!
I AM PART OF THE TARGET GROUP, OF THE VIRUS, 65, AND, I CHECKED MYSELF INTO A MOTEL, TO SUFFER THROUGH THE VIRUS, OR POISON, FROM, BEING GIVEN THE VIRUS, ALMOST DYING AFTER THREE DOSES!
I HAVE MEDICARE, BUT, FUCK, IF I DIE, I DIE!
DEATH IS PART OF LIFE!
THE TWO THINGS WE CAN COUNT ON, ARE TAXES AND DEATH!
LET'S BE WISE WITH BOTH!
CHURCHES, DO WHAT YOU WANT, BUT YOU SHOULD PAY FOR THAT DECISION, WHEN, YOU, VENTURE OUT ON YOUR OWN!
HAVE A GREAT, AND HOLY SUNDAY!
GOD BE WITH ALL OF US!
GOD IS LOVE.
LOVE IS THE ANSWER!
KISS.
EVEN TO MY DOUBTING THOMAS, KIDS!
SCREAM.
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