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The Power of Fear
Ross Silver • Apr 07, 2020
What you are about to read is fact and a topic I felt important to bring up. Some of you may walk
away from reading this and think I am a libertarian, neither understanding nor sympathetic to the
COVID-19 pandemic and you would be incorrect. My concern with this pandemic is the blatant
disregard to our rights as Americans.
“We the People, in order to form a more perfect Union, establish justice, ensure domestic
tranquility, provide for the common defense, promote the general welfare, and secure the
blessings of liberty, to ourselves and our posterity, do ordain and establish this Constitution for
the United States of America.” (Preamble to the US Constitution- emphasis added)
The preamble states one of the major responsibilities of the US government is to “promote the
general welfare and secure the blessings of liberty” for all individuals. After experiencing
persecution under the English Monarchy, securing the freedoms and liberties of individuals was
of utmost importance to the Founding Fathers when establishing this country. The first ten
amendments to the Constitution are also known as the Bill of Rights. Initially there was some
controversy over whether a “Bill of Rights” needed to be included in the Constitution. Thomas
Jefferson, author of the Declaration of Independence and third President of the United States,
wrote “A Bill of Rights is what the people are entitled to against every government on earth,
general or particular, and what no just government should refuse, or rest on inference.”
The following amendments are a part of the Bill of Rights and according to the Constitution,
outline the freedoms of what every individual in this country is entitled to.
Amendment 1- Congress shall make no law respecting an establishment of religion; or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the government for a redress of
grievances.
Amendment 2- A well-regulated militia, being necessary to the security of a free state, the right
of the people to bear arms, shall not be infringed.
Amendment 6- In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein the crime shall have been
committed....
The Founding Fathers took extreme care to outline and ensure these inalienable rights for all
individuals. It is amazing that something that took so much work to iron out and embed into the
foundation of this country can be erased in a moment without question due to an emotion, FEAR.
Politicians and the public are alarmingly willing to violate our civil liberties in the name of
fighting the COVID-19 epidemic. To date, forty-one (41) states have issued “Shelter in Place” or
“Stay at Home” orders to its residents. These orders prohibit gatherings (or assemblies) of more
than ten (10) people or of any size where social distancing (at least 6 feet apart) cannot be
maintained. Last week a pastor in Florida was arrested for holding a church service in a park.
Both the “Shelter in Place” orders and the arrest of the Florida pastor violates the basic rights to
peaceably assemble and exercise religious freedom provided for in the First Amendment.
California Governor, Gavin Newsom, was the first to order “non-essential” businesses to be
closed in response to COVID-19. He left it up to the local sheriffs to determine whether gun
dealers were considered “essential or non-essential.” This decision allowed Los Angeles county
sheriff Alex Villanuevea, to unilaterally ban the sale of firearms and ammunition. This is a direct
violation of our basic Second Amendment rights to bear arms. Additionally, this amendment
specifically prohibits the government from infringing on that basic right, which is what
Villanuevea’s ban did. This ban was subsequently rescinded due to new Federal guidelines that
were released defining “essential” businesses; however, it was not because of Second
Amendment rights.
The right to a speedy and public trial is provided for in the sixth amendment to the Constitution.
As it is listed in the Bill of Rights, it is also considered a basic and inalienable right that everyone
is afforded. With the COVID-19 mandates, the Courts have postponed all “non-essential”
hearings and jury trials indefinitely. Jurors cannot be called to serve as it would require more
than ten people to gather. Any hearings that are taking place (where the Courts have not closed)
are only taking place before a Judge. Therefore, the right to a speedy and public trial by jury does
not currently exist under the COVID-19 mandates.
Why isn’t anyone fighting for these basic rights that our Founding Fathers fought so hard to
ensure? Simple answer… FEAR. Fear can be very powerful. It can paralyze people from doing
what they should do and can also cause people to do things that they don’t want to do. Just look
at the Nazi regime during WWII, I am pretty sure the majority of Germany did not agree with
Hitler’s psychotic behavior, but people went along with it because they were afraid.
Law professors from the University of Chicago surveyed 3,000 Americans. They found a general
bipartisan consensus that “now is the time to violate the Constitution.” While the government is
using the COVID-19 pandemic as the reason behind the violations; there should be an
overwhelming concern that if people continue to allow their rights to be violated without
question, then those rights may never return. This should be the real fear. “After the threat has
subsided," the law professors conclude, "Americans must recognize any constitutional violations
for what they were, lest they become the new normal." By then, it may be too late.
As for my thoughts on the equities markets, simply put I believe we are going to rip higher.
Massive stimulus along with the end of captivity, err quarantine, by the end of this month may
lead to a “V” shaped recovery in stocks. I hope I am right!
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