Commentary: Constitutional Rights and Voluntary Action Are the Keys to Beating COVID-19

by Timothy R. Snowball

 

A recent survey conducted by The Atlantic has revealed that a majority of Americans from both sides of the political aisle now support possibly unconstitutional government action to combat the continuing spread of COVID-19.

This includes 78 percent of Americans supporting private health care workers being forced to provide services to the public despite the obvious risk to their own health. Just under 60 percent support government taking over private businesses and property. Some politicians have even floated the idea of declaring martial law. The belief is that the only possible response to the crisis is more government power and control.

But not only are more government dictates, force, and coercion unnecessary, they would make the country less prepared to combat COVID-19. It’s important to recognize how the private market has already stepped up to provide much-needed goods and services, and in a more efficient and cost-effective manner than the government ever could. And all without overly aggressive and unconstitutional government mandates.

For example, Ford Motor Company, General Electric, and 3M Company have forged a partnership to produce face masks and ventilators to help meet the new demand brought on by the coronavirus. This effort includes manufacturing ventilators with new, improved technology that will increase ease of use. According to Executive Chairman Bill Ford, “By coming together across multiple industries, we can make a real difference for people in need and for those on the front lines of this crisis.” While the federal and state governments have called for more ventilators and medical masks to be produced—no companies have been taken over by the government in order to do so.

Abbott Laboratories has begun producing a new test to identify if someone has become infected with the virus. It is now the fastest test available, delivering results in a matter of minutes. Other promising innovations include the development of a new test for COVID-19 antibodies; production of a wearable sticker to read vital signs that doesn’t require clunky, antiquated equipment; and remote-controlled robots through which doctors can interact with infected patients without endangering their own health. On the other hand, the FDA, CDC, and bureaucratic agencies failed to anticipate the testing needs of COVID-19 and did not react for weeks, slowing down private companies’ response in the process.

One of the first products US stores ran short of after the crisis broke was hand sanitizer. In response, several large international distilleries began shifting production to alcohol-based hand gels instead of whiskey. According to Ann Mukherjee, a regional director for the North American division of Pernod Ricard SA, “I say to everyone on my team that a time of crisis is not what builds your character, it’s what reveals it.”

Yes, Every Kid

Also, retired doctors and medical professionals across the country are returning to work voluntarily—without government mandates—to help deal with doctor shortages in cities hit hardest by COVID-19.

But the adaptation to changing demand hasn’t stopped with the health care industry. Corporations including Amazon, Instacart, Lowes, and Walmart all have begun hiring hundreds of thousands of new employees to help ensure that food and other essential home deliveries can continue. Many major tech companies are also making their remote working platforms free to encourage more companies to embrace remote working and slow the spread of COVID-19.

All this has happened without government taking over industries or dictating what or how businesses operate. In order to foster the necessary response to these trying times, it’s critical to recognize how the free market has been able to pivot, innovate, and expand because of the rights and liberties protected in the Constitution. Even “suspending” those rights temporarily would make Americans less able to respond, adapt, and innovate to deal with COVID-19.

The current situation has shown both the ingenuity of the free market and the harmfulness of many government burdens placed on private industry. The best way for government to respond to crises like COVID-19 is to ensure the public is provided with honest information about dangers and needs, and then find ways to enable and encourage innovation in the private sector.

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Timothy R. Snowball is an attorney at Pacific Legal Foundation (PLF). His practice spans PLF’s issue areas, with a particular focus on individual rights, including Americans’ Fourth Amendment right to be free from arbitrary warrantless searches in the comfort and safety of their homes.

 

 

 


Appeared at and reprinted from FEE.org

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2 Thoughts to “Commentary: Constitutional Rights and Voluntary Action Are the Keys to Beating COVID-19”

  1. Sim

    https://conservativepost.us/world/sweden-official-coronavirus-strategy-of-keeping-the-country-open-seems-to-be-working/

    Sweden’s top epidemiologist believes his country could reach “herd immunity” for COVID-19 in the population by May.

    “According to our modelers [at the Public Health Agency of Sweden], we are starting to see so many immune people in the population in Stockholm that it is starting to have an effect on the spread of the infection,” Dr. Anders Tegnell recently told local reporters, according to the U.K. Daily Mail.

    “Our models point to some time in May.”

    While Sweden has canceled large sporting and other events, schools, gyms, bars and restaurants have remained open, relying on citizens to do what is necessary to keep themselves safe.

    “The government has banned gatherings of 50 people and barred visits to nursing homes. It also banned non-essential travel to Sweden from outside the EU,” the Daily Mail reported.

    John Burn-Murdoch of the Financial Times noted in a Monday tweet that Stockholm, Sweden’s capital city and largest population center (2.4 million in the metro area), has seen a decline in new hospitalizations.

    According to Johns Hopkins, Sweden has 14,777 confirmed cases and 1,580 deaths.

    Critics have pointed out that Sweden has had a significantly higher death rate — at 118 per one million people — than the surrounding Nordic nations of Norway, Finland and Denmark.

    “Sweden’s per-million tally is also significantly higher than the 42 recorded in Germany – but remains lower than the [United Kingdom’s] rate of 182 (as of Tuesday) and far below Italy’s 349 and Spain’s 399,” The Guardian reported.

    Statista shows Sweden’s death rate per million at approximately 151 versus the United States at 124.

    Tegnell is confident that his country made the right call in not going into a lockdown.

    “I am very skeptical of lockdowns altogether but if you ever do them, you should do them at an early stage,” he said.

    “So far, what we are doing is working,” Tegnell added. “In a sense we are beating it, and I am confident we are doing the best we can in the circumstances.’

    The doctor’s assessment of Sweden’s less aggressive approach to the coronavirus outbreak comes as state governors weigh when and how to reopen their economies.

    At the coronavirus task force news briefing on Monday at the White House, President Donald Trump highlighted that thirty states have one or less cases per 1,000 people.

    “Far fewer cases per capita as an example than Germany, the United Kingdom, France, Italy, Ireland, Switzerland, Singapore, Belgium, Spain, Norway, the Netherlands, Austria, Sweden,” he said.

    My comment:
    TOO much money to be made “Finding a vaccine” to let this opportunity pass.

    1. Ron Welch

      My comment:
      “TOO much money to be made “Finding a vaccine” to let this opportunity pass.”
      Right, Sim! And maybe more importantly, the opportunity to impose it on us. Such people are authoritarians who will attempt to have government for e us to use their product. That’s pure fascism!

      They SAY, that “healtcare is a right”. Well, I agree it would be included in the non-enumerated rights of the 9th Amendment. But then a right can NOT be banned. Or in this case, mandated! Such an attempt would be a criminal act which violates the 4th Amendment that we Have the right. to be “SECURE IN OUR PERSONS”.

      It’s all about money and CONTROL!

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