“Inter arma enim silent legis” is a Latin phrase meaning “In times of war, the law falls silent.”
Generally bureaucrats and politicians try to suspend civilian rights during war time. (The relatively “good” ones, that is – the bad ones try to do it all the time. If I dare speak of ANY politician or bureaucrat as “good.”)
For instance, President “Honest Abe” Lincoln requested an opinion on the suspension of a basic right (habeas corpus), during the War between the States. And the court held that the president cannot suspend the privilege of the writ of habeas corpus, nor authorize a military officer to do it. Even so, Lincoln and many of his commanders pretty much did so, time and time again. And of course, how many battalions does the Supreme Court have?
But the courts are ALSO not the good guys. Sadly, time and time again, courts have upheld this maxim of tyranny. Usually, at least.
The erosion of citizens’ rights during World War 2 was upheld by the Supreme Court. In particular, the Supreme Court (“Roosevelt’s Court” since he had already cowed them into doing about anything he wanted) held that the application of curfews and confinement against members of a minority group (Americans of Japanese ancestry or origin) was constitutional when the nation was at war with the country from which that group originated. Or so the Nazgul ruled.
(I do not think that the courts intervened at all when Wilson did something similar in closing down German-language publications – even churches – during WW1, and abused Americans of German origin and descent, to say nothing of how he treated pacifists.)
And a couple of years ago, we were told that we are at war (Trump’s word) with this “invisible enemy” novel coronavirus, then we must conclude that it will be upheld by the Nazgul of the SCOTUS if some State dictator ordered the confinement of either “vulnerable populations” or “dangerously-infected” people. Whether it is Beer Flu (COVID-19) or the latest bugaboo, “Monkeypox.” Indeed, no one has (yet) successfully challenged Washington State’s tyrant’s claim of executive power to put people into camps for medical emergency purposes.
So it came as a surprise, to us here at TPOL, to hear that a New York State judge has ruled the similar claim of imperial power is unconstitutional. The judge said it is wrong to have the health nazis of New York seize and confine anyone – to their home, a hospital, or a camp. Amazing! What is going on? Can’t the dictator of NYS take care of her people? Didn’t they give her absolute power after Cuomo cowardly quit?
After all, isn’t the war on some diseases an adequate justification to take away liberty from Americans, just as it has always been? Just as the war on some drugs has been? Just as wars against foreign enemies has been? Just as the so-called “insurrection” on 6 January 2021 is a reason to do so?
And of course, we have to remember – ONE judge out of thousands of black-robed statists does not justify the system that allows those enemies of liberty to thrive.