Massachusetts Act Relative to Pandemic: A Constitutional Abomination

A Massachusetts Liberties Preservation watchdog has been sounding the warning regarding the loss of freedoms and usurped due processes for a long time regarding Massachusetts Senate Bill 2028. Unfortunately, it seems to have fallen on deaf ears. Has the population of the United States reached a point of lethal complacency?

The "Act" amends several other laws that are already on the books. Most of which were passed in the 1950’s during the times of nuclear disaster worries. These amendments strike out sections and replace them with sections that are related to reacting to a biological pandemic. Although the title of the act infers "preparation" there is nothing preparatory about it. The entire act focuses on rendering power to the Health Commissioner and his/her designees during times declared by the Governor to be in a "state of Emergency."

If anyone has read the book or watched the movie, "Outbreak," then this act will be easily visualized. The law reads like a section of Outbreak’s script. The movie itself was an alarming warning of both things to come and things to diligently and vigorously prevent from happening. In the movie, a virus, known as hemorrhagic Fever, enters the country through the importation of a monkey. The monkey was a carrier of the disease and did not suffer symptoms. But, anything else that came into contact with it died a horrific death that was caused by the virus as it liquefied the host’s internal organs. Indeed a grotesque and terrible way to die.

The authorities in the movie panic and seize all persons in a small town, cordon-off the town, arrest anyone upset, and burn bodies of infected persons without respect, dignity, or moral consideration. Earlier in the movie the Air Force actually nuked a small African village to prevent the disease from getting out. Many were alarmed and scared by the possibility of such a disaster happening and by the way in which the government would most likely respond to it. But, many held to the belief that fellow Americans, serving in our various legislative and executive levels, would never actually subscribe to that type of citizen abuse and constitutional neglect. The Massachusetts State Senate has proven this assumption and trust to be incorrect and misplaced by passing Bill number 2028.

According to the Act, the Governor of the State of Massachusetts may declare a state of emergency. There is nothing new there and every state governor has that right and authority. The difference in the case of Massachusetts is the actions that the Health Commissioner can take during a declared state of emergency.

In a case reminiscent of the Roman Senate’s rendering of absolute powers the Caesar (declaring him "Dictator"), the Massachusetts legislature has succumbed to fear and rendered absolute authority to the Massachusetts Health Commissioner in times determined and declared by the Governor to be in a state of emergency. The Act renders full authority to the Commissioner to take any action he/she deems necessary to preserve public health. This is a very vague and broad statement that can be interpreted in a vast number of ways, both good and tyrannical/dictatorial.

The State legislature’s actions prove to be an excellent example of how people can be motivated by fear. The very well known sociological concept of a group surrendering its liberties under duress or fear generated perceptions of doom is easily seen in the behavior of the assembly and the product there from. In another view, this is an example of freedom destruction allowed by a sleeping and inattentive voting population.

Further, the Act allows the Governor to deploy whatever forces he or she deems necessary to control the environment. Once on-site, the Act gives control over law enforcement and National Guard forces to the Health Commissioner to use as he/she sees fit without restriction. There are clauses which allow for:

1. the restriction or prohibition of the assembly of people,

2. arrests without warrant or judicial process,

3. forced investigative entry into premises without a warrant,

4. seizure and destruction of property with only a rubber-stamp process,

5. disposal of human remains without consideration for dignity, spirituality, or morality (the law makes religious provisions a mere option to the government).

6. the seizure and use of private property without process of law,

7. immunity of civil and criminal liability for officials acting under the Act,

8. restrict or stop in and outbound travel to an area declared to be in a state of emergency,

9. the Health Commissioner to issue orders of arrests without warrant or any judicial review or process.

10. the Health Commissioner to issue orders that are enforceable as law without judicial review, legislative process, or the Governor’s endorsement.

In regards to the Health Commissioner’s control of military and law enforcement forces and his/her ability to issues orders without judicial or legislative process what keeps said official from issuing "death warrants" similar to those issued by Germany’s Gestapo and SS or Stalin’s NKVD (Secret Police)? The Act renders absolutely no restrictions on the extent to which the Commissioner may utilize the state’s resources, and forces. The Act allows for a state of emergency to last only ninety days. But, the emergency declaration can be extended for an indefinite number of ninety day extensions by the Governor.

The only "preparatory" clause found in the Act is the one that focuses on individual and group health records. This section is also appalling as it requires all health service practitioners to report and disclosure information in their patients’ personal health records to the state Health Officials. It allows for the acquisition, tracking, and dissemination of personal health data by and between various agencies of the State and Federal governments. HIPPA and other Privacy Acts do not seem to matter in regards to this Act and those legislators who have passed it.

Those practitioners who refuse to disclose personal health record information are subject to a $1,000.00 fine and the revocation of their licenses. The law literally forces doctors to betray the trust of their patients and to criminally and civilly violate numerous federal statutes. The Act blatantly undermines the authority and laws of the United States National Government.

Although this article’s writer is often skeptical in regards to conspiracy theorists and right-wing statements/concepts that the government is moving slowly towards a dictatorial and tyrannical communist system, he does agree that recent events at state and federal levels, where seemingly socialist/communist democrats dominate, do lend considerable credence to the warnings and opposition rendered by conservatives, moderates, and conspiracy theorists alike.

It is in every American’s best interest at this point to watch their legislators and executive leaders at all levels of governance in order to prevent the loss of rights through the degradation of the United States Constitution. It is a fatal mistake to remain complacent and trusting of government officials without ensuring that they are indeed acting appropriately in the interests of their constituents and not in the interests of socialist concepts and organizations. The displayed arrogance of America’s contemporary democrats is appalling and blatantly against the peoples’ wishes and general security interests.