To rush through a “progressive” agenda the incoming Biden administration is using is so called “emergency powers” -- i.e. executive orders -- to address the alleged economic, racial, COVID 19, and climate crises even though these orders are in direct conflict with “democratic” values.
So what is an “emergency” or “crisis?” According to history we don’t have a clear answer. But Biden — and many other presidents — are using a misread of John Locke to restrict our liberty at the hands of an overambitious executive.
John Locke says “in distinct hands, as they are in all moderated monarchies and well-framed governments, there the good of the society requires that several things should be left to the discretion of him that has the executive power.”
According to those who don’t read or think this gives the President near monarchical power, especially in times of emergency.
But Locke doesn’t say that the executive has special powers -- or prerogative -- in times of “emergency.” Those words are never mentioned in any of his texts.
Nor did the founders settle on a definition of what counts as an emergency.
Would a virus that primarily kills those over the age of 65 an emergency constitute an emergency in their world? They didn’t say -- during their time many didn’t live to the age of 60. And even in the worst moments the founders never allowed for mass lockdowns for any reason at all any time.
Lastly Congress has failed to define what an emergency is.The National Emergencies Act of 1976 (NEA), for example, only says an emergency is defined as “a general declaration of emergency made by the President.” This is in fact no definition at all, but a license for Presidents to issue endless totalitarian decrees.
Thus we need to stop and think about just what exactly counts as an emergency. Otherwise the government will do it for us -- and for them any emergency is an opportune time to destroy our civil liberties.
Zigmund Reichenbach holds a M.A. in Philosophy from West Chester University. You can occasionally find him covering news stories of national interest at Real News or you can follow him on Twitter @zreichenbach1. To support the creation of articles like these visit the RootsRSNG’s Patreon.
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