Sunday Masher: Constitution Corner – The Oath in Action

Idaho Dispatch ^ | March 17, 2024 | Doug Traubel

[Twotone]

In the book, ‘1984’ is a famous quote:

“If you want a picture of the future, imagine a boot stomping on a human face—forever.”

Too often, laws are passed without looking through the foundational lens of our country. By that I mean the lens of the “purpose of government.” Where do we find that lens?

We find it in one of the four organic laws of the United States: Namely, The Declaration of Independence. In it we are told the purpose of government is “…to secure God-given rights.”

Without that lens, liberty is at risk of being stomped in the face by laws passed out of focus and out of balance with an ostensible need of the day. Advertisement

John Adams said,

“You have rights antecedent to all earthly governments; rights derived that cannot be repealed or restrained by human law; rights derived from the Great Legislator of the Universe.”

On March 12, 2024 the Idaho Senate Health and Welfare Committee sat to consider passing H525, a bill aimed at changing language that currently empowers Central District Health to, “…do all things…” Advertisement

I spoke before the Senate Committee in favor of the bill because I understand that the Bill of Rights are the “untouchables.” Giving any part of government the power to “…do all things…” under the Banner of Public Safety is Orwellian and has a track record of tyranny that We the People of Idaho cannot suffer again! I asked the committee to pick up their lens and strike the liberty crushing language. The bill died in committee.

Government is force by another name! Just as in police work — where I served for thirty-two years — force must be measured by the “reasonable and necessary” standard (Graham v. Connor:: 490 U.S. 386 (1989). Absolute power is a police state. It is antithetical to our founding ethos and a Constitution with a Bill of Rights.

I was asked for examples of abuse under the existing law.

I shared the following:

Rathdrum, Idaho: A woman given a misdemeanor citation over having a garage sale. (IC 56-1003 (3) (c) Violation of Isolation Order)

Ada County: Robert Jones and Eva Selleck arrested at a Central District Health meeting (a public building) over not wearing a mask.

Moscow, Idaho: Three Christians arrested for maskless Psalm signing — outdoors!

The most egregious example of abuse for me personally took place at the doors to the Ada County Courthouse on March 15, 2021. Sheriff deputies wearing the uniform I once wore violated Article 1, Section 18 of the Idaho State Constitution, that guarantees open access to the courts without delay or prejudice. An edict from Central District Health adopted by the Ada County Courthouse and Administrative Building cannot trump the State Constitution or the Constitution for the united States. Sheriff deputies denied entry without a mask and then arrested people for failure to appear (FTA) and dragged them through the same doors (unmasked) they were denied moments earlier. Two people were injured in the process; Casey Baker, and Jennifer Acheson. Aaron Schmidt was also arrested.

What would “oath-centered leadership” of a Constitutional Sheriff have looked like in this last example? My deputies would be instructed to NOT arrest. They do not answer to the CDC, the Administrative Judge, County Commissioners, the Governor, or the President. My deputies would be told to take the unmasked citizens arm-in-arm to the courtroom reflected on the subpoena. An administrative order does not trump the highest law in the state. The oath required by Article VI of the Constititon for the united States is not to a person or health board; it is to the Constitution which is a limiting document on the power and duties of government.

To date, no assurance from the Ada County Sheriff has been made that this unconscionable and unconstitutional conduct would not repeat under the same or similar circumstances.