Today, The Bill of Rights may be more relevant than ever before. Yet, this past Tuesday, Bill of Rights Day came and went largely unnoticed. Perhaps this disregard is emblematic of our society’s attitude towards constitutional protections in 2020?
On December 15 1791, Congress ratified the Bill of Rights. Composed primarily by James Madison, the first ten amendments to the Constitution effectively define and guarantee the rights of citizens in relationship to the government.
After a year of multiple violations of our rights, and as the nation braces for a second round of draconian lockdowns, Madison’s words feel intensely prophetic.
“It will not be denied that power is of an encroaching nature and that it ought to be effectually restrained from passing the limits assigned to it.”
Violations of the Bill of Rights in 2020
Emergency does not create power — the Supreme Court said it themselves in 1934. And, yet, under the guise of a national health crisis, governmental authority has bloated to unprecedented levels. As we close in on a year since the start of the pandemic, our leaders show little interest in relinquishing their newfound power. Consequentially, the American people are seeing more and more of the protections afforded to them by the Bill of Rights eclipsed by authoritarian policy.
From attendance restrictions placed on Thanksgiving gatherings to the threat of criminal prosecution in Newark, New Jersey for disseminating false information about COVID-19 on social media, perhaps the most obvious encroachments have been upon the First Amendment. In 2020, protections of speech, assembly, protest, religion, and press have been under assault from every direction.
A blatant double standard has been revealed in exercising the right to protest during a national health crisis. While anti-lockdown demonstrations were widely castigated by media and politicians alike as grandma-killing crusades, the right to protest has been generously exercised for the advancement of left wing causes. By contrast, such protests appear ideologically immune to the coronavirus, and, according to an open letter from over 1,000 medical professionals, even “vital to the national public health.”
Another obvious infringement upon the First Amendment relates to the right to practice one’s religion. Restrictions on church attendance have cropped up around the nation, with one particularly absurd example being Governor Cuomo’s policy in New York which required service attendance to be arbitrarily capped at 25, regardless of the size of the house of worship.
Though similar cases have been struck down, a recent Supreme Court ruling may provide a glimmer of hope for religious freedom. Just last month, the Court voted 5 to 4 to overrule Cuomo’s mandate. Justice Gorsuch noted, “There is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues and mosques.”
The Second Amendment is additionally under mounting threat in 2020. Firearms are in higher demand than ever before — sales are up 60% from last year, especially among first-time gun owners. But with lockdown policies shuttering firearms shops as “non-essential” businesses, more and more Americans are being rendered defenseless amidst rioting, looting, and civil unrest.
With inauguration approaching, concerns about the future of gun ownership are understandably heightened. From buybacks to smart-guns, Biden pledges to place unprecedented restrictions upon the Second Amendment which, according to his website, “is limited.” Partisan legal cases like that of Mark and Patricia McCloskey only further inhibits our constitutional right to bear arms.
The Fourth Amendment, protecting against unreasonable searches and seizures, is also among our liberties breached this year. When the state of Washington purchased a motel to quarantine coronavirus patients in March, it ushered in a wave of property seizure. From New York City to Los Angeles, local governments have commandeered privately owned hotels for temporary housing. While some such transactions are voluntary, others are enforced by executive order.
This very mechanism of seizure is in and of itself a constitutional violation. The state of New Jersey, for example, utilized an executive order to decree upon the local government the right to “commandeer” private property to forcibly shut down “non-essential” business. Business owners who resist face unimaginable consequences — Atilis Gym in Bellmawr, New Jersey, has racked up almost $1.2 million in fines for remaining open.
Constitutional violations have also metastasized into cyberspace. COVID-19 apps and contact-tracing technologies are accruing massive amounts of personal data, violating reasonable expectations of privacy afforded by the Fourth Amendment. According to Lata Nott of the Freedom Forum Institute, “You’re able to track very easily who people meet with, what political events they attend, what protests they attend.… a concern is that once you have that established, that it will be used beyond the scope of this crisis or this emergency” — a sobering reminder that once power is accrued, quite rarely is it willingly relinquished.
How can we protect our rights if we don’t know them?
When encroachment upon civil liberty is this brazen, it can be hard to imagine why outrage is not more widespread. Though any informed patriot is familiar with the Bill of Rights, such individuals are few and far between. A recent study revealed that an abysmal 64% of Americans would fail a citizenship test — 37% also believe Benjamin Franklin invented the lightbulb. If the typical American fails so basic a test, they would likely struggle to name the liberties afforded to them in the Bill of Rights.
From this data emerges an even more concerning pattern: the problem is only getting worse. While 74% of those 65 and older passed the test, only 19% under 45 could do the same. This generational divide is symptomatic of an increasing disregard for American History. With only 18% of students proficient in our nation’s history, a grim picture is painted for our future. This begs a fundamental question: how can we protect our rights if we don’t even know them?
If 2020 has taught us anything, it has proven that we cannot trust power-hungry politicians to protect and preserve our rights. The proper exercise of liberties is contingent upon a fundamental understanding of them. We are watching in real time the failure of the education system to inform Americans of their rights and empower them to defend their liberties when required. Is it any surprise we are not rising to the occasion?
Bill of Rights Day celebrates the most radical pronouncement of civil liberties in world history. Tragically, however, being grateful for our country, our rights, and their protections has fallen out of fashion. As 2021 approaches, hopefully such barefaced assaults on our constitutional freedoms will inspire more Americans to recognize the value of their liberties through their absence.
As we commemorate the Bill of Rights, let us remember James Madison’s firm warning: “Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace.” We must stand up — and stand up soon — for our civil liberties, lest his forecast comes to fruition.
The views expressed in this opinion piece are the author’s own and do not necessarily represent those of The Daily Wire.