What Happened? Why Brad Little is a Disgrace

On March 25th, 2020, Governor Brad Little of Idaho enacted an unconstitutional order trampling on the rights of Idaho's citizens. This was done in accordance with the false narrative being circulated in our country right now that the novel coronavirus and its associated disease, COVID-19, is so dangerous that people need to be controlled in order to prevent the spread of the disease.

This false narrative, even if it were true, is still unconstitutional and therefore illegal. A criminal is defined as someone who breaks the law and the highest law of the land is the Constitution of the United States of America. Brad Little's "stay-at-home ordinance" is therefore a breach of the Constitution, an illegal and immoral action, and a slap in the face to the citizens of Idaho. Ultimately, it is not only criminal, but he is a disgrace for doing so.

The Constitutional Case Against Brad Little's Order:

The order is summarized in this poster provided by the State of Idaho. Every bullet point on the poster is openly unconstitutional, immoral, and antithetical to the spirit of our nation and state which was founded on freedom and liberty.

We will focus solely on the Constitutional case against Brad Little based on the abrogation of our rights elucidated in the 1st and 14th amendments. However, there is a serious case to be made about the responsibility Brad Little has to the millions of people in Idaho who are financially suffering and will lose their well-being, their property, and their livelihood as a result of his unconstitutional actions. It is altogether a disgrace.

First of all, it must be established that no law may usurp or override rights given to the people as expressly written in the Constitution. Period. "Emergencies," "crises," or any such ploy may not suspend Constitutional rights; otherwise, the Constitution means nothing as it can be set aside on a moments notice in the name of anything.

To further underscore this point, note what has already been written about this by the Supreme Court of the United States:
"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."
Ex parte Milligan, 71 U.S. (4 Wall.) 2, 121 (1866).
In fact, it is actually ILLEGAL for any government official acting in their official position to willfully deprive any American citizen of their Constitutional rights. This act is a severe crime and punishable up to life in prison. You can read the law yourself here. Here is a summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.
As Ronald Reagan once said, “Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.”

Today, Americans and Idahoans in particular, must fight for their freedom, or President Reagan's prescient words will become our own reality.

Usurpation of the 1st Amendment:

Brad Little's order demands that there be no gatherings "of any number of individuals outside the household." This is a clear violation of the first amendment which plainly states that the government shall make no law prohibiting, "the right of the people peaceably to assemble."

The ability to assemble or gather in a group publicly or privately is clearly defined as a RIGHT in the 1st Amendment. Brad Little usurped that right and that is not only criminal, but it is a disgrace.

Additionally, the 1st amendment expressly prohibits the government from restricting the "free exercise" of religion, which includes attending church services in groups. Brad Little's ordinance also prohibits church services and church gatherings which is a clear violation of religious rights and an apparent attack on religious liberties.

What could be a greater disgrace than being the sole person responsible for denying over a million citizens the right to go to church and worship their God?

Usurpation of the 14th Amendment:

The 14th Amendment protects the equal rights of all citizens. It prevents the government from classifying one group of people from another group of people in a way that gives privileges to some while preventing others from the same.

Brad Little's order does that very thing. It defines certain businesses as "essential" while others are "non-essential." This effectively gives certain businesses the privilege of staying open while others must shut down.

The equal protection clause of the 14th Amendment clearly states: "nor shall any State...deny to any person within its jurisdiction the equal protection of the laws".

Permitting some businesses to remain open while others must close, or merely defining some businesses as "essential" while others are "non-essential" is a clear violation of the equal protection clause in the 14th Amendment. It is a disgrace.

Infringement Upon Our Right to Travel:

The 5th Amendment of the Constitution expressly states that no person shall be deprived of "liberty…without due process of law." And case law has established that this means that Americans have the right to travel without being impeded by the government.

This right has been clearly established in numerous cases throughout history as can be seen here.

However, Brad Little's order as published states, "All non-essential travel must cease."

This is another unconstitutional order that is not only criminal, but has caused the utter destruction of the travel industry within Idaho.

Summary and Conclusion:

There is no national or local emergency that gives government the right to take away the peoples' rights—even if there was a legitimate public health concern. To our founders and to liberty lovers of today, our own lives are not even as essential as our freedom and liberty. Nobody said this better than Sir Patrick Henry who boldly proclaimed, "Give me liberty or give me death."

The fear of COVID-19 is not sufficient to take away our Constitutional rights. And to do so, to take away our cherished rights which were purchased by the blood of our forefathers, is nothing short of criminal. And Brad Little is a disgrace for enacting his criminal ordinance.

We have demonstrated beyond any shadow of a doubt, that the "Stay-Home" order enacted by Governor Brad Little in the State of Idaho is a clear violation of Constitutional rights. His actions are criminal. He must be made to pay the price for his criminal deeds.

Let the name of Brad Little forever be associated with "disgrace" much like the name Benedict Arnold is forever associated with "traitor."

P.S. The only way Brad Little's name can ever be restored is if he repents of his crime, immediately rescinds the order while vowing to never let it happen again, and to make a public apology to the entire state of Idaho for destroying their businesses, lives, hopes, and dreams.