Let’s Be Clear: Immunization Travel Papers Are Unconstitutional
The American right to freedom of movement was included in the Articles of Confederation, predating the Constitution. Americans in the US colonies would not be required to “show their papers” if they wanted to cross from North Carolina into Virginia.
This freedom of movement principle was so obvious to everyone that the Founding Fathers didn’t even bother to include it in the Bill of Rights. It’s too bad that Thomas Jefferson and John Adams didn’t have a super-genius like Dr. Anthony Fauci around to tell them how dumb they were!
Vice President Mike Pence banned the members of his coronavirus task force from talking to CNN and MSNBC, and that’s a good thing. Unfortunately, Dr. Anthony Fauci is still running over to CNN regularly to spout his insane (and usually inaccurate) ideas. CNN is loving it!
On one of his latest appearances, one of the Democrat Party operative hosts asked Fauci if Americans should be required to carry a COVID-19 “immunity card” before they can leave their houses or travel from point A to point B. Fauci thought that idea sounded just peachy.
“It’s one of those things we talk about when we want to make sure that we know who the vulnerable people are and not,” said Fauci.
Who’s this “we” that is talking about restricting the movement of Americans unless they show their papers to the authorities?
No, seriously. I want their names. The American people deserve to know the names of every federal official who is “talking about” the idea of preventing kids from going off to college, couples from honeymooning in Vegas, grandparents from visiting their grandchildren in Pennsylvania and so on, unless they get an official Mother-May-I card from the government.
“This is something that’s being discussed,” Fauci continued. “I think it might actually have some merit, under certain circumstances.”
And again, no.
It is not a thing that has any merit under any circumstances. This would be no different than abolishing the First Amendment, Second Amendment, or pick any amendment unless you first obtain a government license. Freedom of movement is a fundamental right that is so obvious that it wasn’t even included in the Bill of Rights.
So again… NO!
Here’s an example of how venerated the freedom of movement actually is, according to the US Supreme Court:
Suppose that a person lives in State A, but wishes to move to State B. That person is on welfare in State A. If that person moves to State B, that state has to immediately begin paying welfare payments to them. State B cannot put a one-month, six-month or one-year residency requirement on that individual before it begins paying welfare to them. That’s according to the Supreme Court in Shapiro v. Thompson in 1969. The reason behind the ruling is that it places an undue restriction on that individual’s right to freedom of movement.
I know that sounds a bit crazy to all of us normal people, but that is how the law actually works and is interpreted. It’s kind of like free speech. You may not like what a person is saying, but their right to say it supersedes your nonexistent right to never be offended.
Placing any sort of restriction on an American’s right to travel from one place in the US to another is blatantly unconstitutional – even though there’s nothing in the Constitution or the Bill of Rights that says Congress cannot infringe your right to freedom of movement.
You know who required citizens to carry around papers to prove that they should be allowed to move around?
Nazis. And communist Soviets.
“Your papers, please!” is almost a cliché and it used to be sort of funny whenever we would see it in a movie about Nazi Germany or the Cold War Soviets. It is an utterly ridiculous concept to us as Americans, because we have a constitutional right to move about within our own country without having a special license from the government. (I know, I know, all the libertarians started whining about driver licenses when I said that. Just go smoke some more weed and give it some more thought, guys.)
A COVID-19 immunization card for travel is no different than a Jew Card or a Black Card or a Mexican Card or an Asian Card in terms of constitutional law. That’s why we shouldn’t be tinkering with our constitutional rights during a temporary medical panic.