n>The claim that the United States is now in a “post-Constitutional age,” requires even less explanation than just a few months ago. One need only turn on the television or scan Twitter to observe how quickly fear, rage, sentimentalism, and talk of “revolution” can obliterate boundaries once erected to limit government, moderate factions, and protect fundamental rights and liberties. The response of government at all levels to the COVID-19 pandemic has quite blatantly violated Constitutional rights. While the common law tradition allows for the exercise of “police powers” for public health and safety, freedom of assembly continues to be viewed primarily as a liability. The free exercise of religion has been limited worldwide, exacerbating tensions between religious communities and civil authorities. Mayor de Blasio even took to Twitter, threatening to arrest Orthodox Jews who decided to gather. The debate also continues as to whether the lockdown of businesses amounts to a “regulatory taking” and the violation of private property rights and the Fifth Amendment. Then came the recent Supreme Court ruling in Bostock which, as Missouri Senator Josh Hawley rightly points out, amounts to a rather egregious example of legislating from the bench in violation of the separation of powers. These examples provide a dramatic reminder of how far the U.S. government and its people have strayed from both the spirit and text of the Constitution and its Framers. Read Full Article »