Our constitutional rights are being violated—at all times within the identify of a social good, after all. I’ll deal with 4 California issues, one among them nonetheless into consideration: 1) Gov. Gavin Newsom as monarch; 2) the AB-5 gig legislation; 3) the Tenants’ Alternative Buy Settlement (TOPA); and 4) Measure C.

Gov. Newsom as Monarch

In a number of methods Gov. Newsom has change into a monarch—a benevolent monarch, however a monarch nonetheless. I’m amazed at what number of elements of that doc the governor has violated. He would after all argue that his acts are for the general public good, however he has tossed the Structure out the window.

For instance, Article 1, Part 8, says that Congress alone has the authority “to control commerce with overseas nations and among the many a number of states.” But Gov. Newsom has unilaterally shut down types of commerce and restricted journey, even excursions from one’s dwelling. A lot of this commerce turns into interstate.

The First Modification protects “the free train” of faith, but the governor has restricted worshippers from safely attending church.

The First Modification additionally enumerates “the precise of the individuals peaceably to assemble,” but we’re instructed to remain shuttered in our properties.

The Fifth Modification states that we can’t be “disadvantaged of life, liberty, or property with out due means of legislation; nor shall non-public property be taken for public use, with out simply compensation.” But the governor has denied us our jobs, our non-public incomes, our companies and workplaces with out compensation or due course of.

The governor can also be mandating “contact tracing,” trying to establish all of the people with whom a COVID-19 affected person had contact. If tracing is carried out by the federal government, this could possible violate the Fourth Modification, which mandates, “The proper of the individuals to be safe of their individuals, homes, papers, and results, in opposition to unreasonable searches and seizures, shall not be violated.” And the seek for proof of contacts in our properties would violate a part of the Third Modification that states, “No soldier shall in time of peace be quartered in any home with out the consent of the proprietor.” Our properties are our non-public area.

Now I do know full properly that many will defend these constitutional violations by arguing that they had been essential to counter the ravages of COVID-19. However the U.S. Division of Justice has declared that the Structure comprises no “pandemic exception.” Gov. Newsom has clearly violated the Structure in some ways with out, to my information, authority from the courts. He’s been backing off from a few of his edicts, however the battle with COVID-19 is much from over. Will he reimpose his edicts? If that’s the case, will he search the authority of the courts? Will he ask the Supreme Court docket to allow him as governor to violate the Structure in some ways?

AB-5 Gig Legislation

This legislation mandates that unbiased contractors, corresponding to Uber drivers, be thought to be workers topic to authorities and union management. Two constitutional rights listed below are being violated: the precise to personal contracts and the precise to manage one’s personal property. Article 1, Part 10, mandates that there shall be no “legislation impairing the obligations of contracts.” If an Uber driver desires to enter right into a mutually agreed-upon contract with a passenger, i.e., cost in change for transportation, that personal contract is protected by the Structure. The try to violate this constitutional settlement is an influence seize by the federal government and unions. As well as, the Uber driver is utilizing his or her car to implement the contract. That car is non-public property protected by the Fifth Modification.

Tenants’ Alternative Buy Settlement (TOPA)

This proposed legislation would inform property homeowners, particularly landlords, that they don’t personal their buildings free and clear. If a landlord wished to promote the constructing, he must provide the tenants the primary proper of refusal. So suppose a 3rd social gathering approached a landlord to purchase his constructing. The owner couldn’t promote it on the spot: first he must provide it to any tenants—in different phrases, the owner wouldn’t have a proper to promote it to whomever he needed.

The matter may worsen in two methods. First, if the tenant(s) provided a worth that the proprietor rejected, the tenant(s) may enchantment to the native authorities for a decision. The native authorities may then set a “truthful” worth. This implies the proprietor wouldn’t have the precise to promote at a mutually agreeable worth.

Second, the tenants may determine to withhold hire till the proprietor decreased it or requested a “truthful” promoting worth.

If the owner then forcibly evicted the tenants, the native TV station and newspaper would present as much as report on the merciless eviction. That is exactly what occurred within the “Mothers 4” case in Oakland, during which the mothers claimed that they had “a proper to housing.” No, the Structure doesn’t allow them the precise to confiscate non-public property.

Measure C

In 1996 California voters handed Proposition 218, which requires that any native tax enhance, by no matter label, should garner two-thirds approval by voters. Final March 3 the County of Alameda declared {that a} half-percent native sales-tax enhance had been accredited by the voters, though the margin fell considerably in need of two-thirds. The county was silent on authorized issues, apparently believing that this election didn’t require a two-thirds vote. That’s wishful considering.

The Alameda County Taxpayers’ Affiliation, of which I’m a member, will sue Alameda County in Superior Court docket for not complying with Proposition 218 and for a number of different violations of the California Structure.

I consider it’s truthful and correct to say that California is probably the most socialistic, unconstitutional state within the U. S. I’m ready to know. I’ve lived in six states—Indiana, Michigan, Virginia, Maine, Texas, and California. And on constitutional issues, I used to be chief of workers to Chief Justice Warren Burger, and Employees Director of the Fee on the Bicentennial of the U. S. Structure. Check out the 12 poll proposals for California’s November election—most are characteristically alt-left, violating constitutional rights.