The Texas Constitution was written to protect individual rights—the freedom of individuals to live as they choose, so long as they respect the freedom of others to do the same. This was accomplished by limiting the powers of government and explicitly affirming that individuals have the right to assemble, the right to worship, and the rights of property. Exercising these rights are among the means by which we pursue happiness.
Yet, during the pandemic, government—particularly on the county and local level—assumed virtually unlimited powers. We were prohibited from assembling, from worshipping as we wanted, from enjoying the rights of property. It was illegal to meet in large groups, even in one’s own home. It was illegal for churches to hold services. It was illegal to work unless you could do it from home or your job was considered essential. Our freedom to pursue happiness was virtually annihilated.
Government’s role during a pandemic or natural disaster is the same as during normal times—the protection of individual rights. A crisis is not a justification for government to assume unlimited powers. Unfortunately, Texas law allows county and local officials the discretion to assume nearly complete control over our lives. And many government officials did just that.
In announcing their restrictions and controls, those officials claimed that they were “following the science.” While even this is debatable, they were clearly not following the principles of the Texas Constitution. They were not protecting our liberties; instead, they were engaging in the wholesale violation of them.
When government officials can declare an emergency and restrict our freedom to assemble, to worship, to earn a living, then government is no longer limited.
The alternatives are not for government to do nothing or for government to lock down entire counties or cities. These are false alternatives. The proper alternative is for government to protect our freedom to live our lives, even during a pandemic. For this to happen, we must enact new laws that clearly and objectively define government’s powers during a crisis. Such laws must identify government’s responsibilities during a crisis and delimit its powers. Such laws must be based on a pro-freedom approach to infectious disease.
The brave men who fought and died for Texas independence rebelled against a repressive and dictatorial government. They sought the freedom to pursue their own personal happiness. If we wish to honor them, we must demand the same freedom, not just in normal times, but all of the time.