“We’ve reached the point where state
actors can penetrate rectums and
vaginas, where judges can order forced
catheterizations, and where police and
medical personnel can perform scans,
enemas and colonoscopies without the
suspect’s consent. And these procedures
aren’t to nab kingpins or cartels, but
people who at worst are hiding an amount
of drugs that can fit into a body
cavity. In most of these cases, they
were suspected only of possession or
ingestion. Many of them were innocent...
But these tactics aren’t about getting
drugs off the street...
These tactics are instead about
degrading and humiliating a class of
people that politicians and law
enforcement have deemed the enemy.”—Radley
Balko, The Washington Post
August 23, 2021"Information
Clearing House" -
Freedom is never free.
There is always a price—always a
sacrifice—that must be made in order to
safeguard one’s freedoms.
Where that transaction becomes more
complicated is when one has to balance the
rights of the individual with the needs of the
community.
Philosophers such as Thomas Hobbes, John
Locke and Jean-Jacques Rousseau envisioned the
social contract between the individual and a
nation’s rulers as a means of finding that
balance. Invariably, however, those in power
grow greedy, and what was intended to be a
symbiotic relationship with both sides
benefitting inevitably turns into a parasitic
one, with a clear winner and a clear loser.
We have seen this vicious cycle play out over
and over again throughout the nation’s history.
Just look at this COVID-19 pandemic: the
whole sorry mess has been so overtly
politicized, propagandized, and used to expand
the government’s powers (and Corporate America’s
bank balance) that it’s difficult at times to
distinguish between what may be legitimate
health concerns and government power grabs.
After all, the government has a history of
shamelessly exploiting national emergencies for
its own nefarious purposes. Terrorist attacks,
mass shootings, civil unrest, economic
instability, pandemics, natural disasters: the
government has been taking advantage of such
crises for years now in order to gain greater
power over an unsuspecting and largely gullible
populace.
This COVID-19 pandemic is no different.
Yet be warned: we will all lose if this
pandemic becomes a showdown between COVID-19
vaccine mandates and the right to bodily
integrity.
It doesn’t matter what your trigger issue
is—whether it’s vaccines, abortion, crime,
religion, immigration, terrorism or some other
overtly politicized touchstone used by
politicians as a rallying cry for votes—we
should all be concerned when governments and
businesses (i.e., the Corporate State) join
forces to compel individuals to sacrifice their
right to bodily integrity (which goes
hand in hand with the right to conscience and
religious freedom) on the altar of so-called
safety and national security.
That’s exactly what’s unfolding right now,
with public and private employers using the
threat of termination to
force employees to be vaccinated against
COVID-19.
Unfortunately, legal protections in this area
are limited.
While the Americans with Disabilities Act
protects those who can prove they have medical
conditions that make receiving a vaccination
dangerous, employees must be able to prove they
have a sensitivity to vaccines.
Beyond that, employees with a religious
objection to the vaccine mandate can try to
request an exemption, but even those who
succeed in gaining an exemption to a vaccine
mandate may have to submit to routine COVID
testing and mask requirements, especially if
their job involves contact with other
individuals.
Under the First Amendment and Title VII of
the Civil Rights Act of 1964, individuals have a
right of conscience and/or religious freedom to
ask that their sincere religious beliefs against
receiving vaccinations be accommodated. To this
end, The Rutherford Institute has issued guidance
and an in-depth fact sheet and model letter for
those seeking a religious exemption to a
COVID-19 vaccine mandate in the workplace. The
Rutherford Institute’s policy paper, “Know
Your Rights: How To Request a Religious
Accommodation for COVID-19 Vaccine Mandates in
the Workplace,” goes into the details of how
and why and in which forums one can request such
accommodation, but there is no win-win scenario.
As with all power plays of this kind, the
ramifications of empowering the government and
its corporate partners to force individuals to
choose between individual liberty and economic
survival during a so-called state of “emergency”
can lead to terrifying results.
At a minimum, it’s a slippery slope that
justifies all manner of violations in the name
of national security, the interest of the state
and the so-called greater good.
If the government—be it the President,
Congress, the courts or any federal, state or
local agent or agency—can willfully disregard
the rights of any particular person or group of
persons, then that person becomes less than a
citizen, less than human, less than deserving of
respect, dignity, civility and bodily integrity.
He or she becomes an “it,” a faceless number
that can be tallied and tracked, a quantifiable
mass of cells that can be discarded without
conscience, an expendable cost that can be
written off without a second thought, or an
animal that can be bought, sold, branded,
chained, caged, bred, neutered and euthanized at
will.
That’s exactly where we find ourselves now:
caught in the crosshairs of a showdown between
the rights of the individual and the so-called
“emergency” state.
All of those freedoms we cherish—the ones
enshrined in the Constitution, the ones that
affirm our right to free speech and assembly,
due process, privacy, bodily integrity, the
right to not have police seize our property
without a warrant, or search and detain us
without probable cause—amount to nothing when
the government and its agents are allowed to
disregard those prohibitions on government
overreach at will.
This is the grim reality of life in the
American police state.
Our so-called rights have been reduced to
technicalities in the face of the government’s
ongoing power grabs.
Yet those who founded this country believed
that what we conceive of as our rights were
given to us by God—we are created equal,
according to the nation’s
founding document, the Declaration of
Independence—and that government cannot
create nor can it extinguish our God-given
rights. To do so would be to anoint the
government with god-like powers and elevate it
above the citizenry.
And that, in a nutshell, is what happens when
government officials are allowed to determine
who is deserving of constitutional rights and
who should be stripped of those rights for
whatever reason may be justified by the courts
and the legislatures.
In this way, concerns about COVID-19 mandates
and bodily integrity are part of a much larger
debate over the ongoing power struggle between
the citizenry and the government over our
property “interest” in our bodies. For instance,
who should get to decide how “we the people”
care for our bodies? Are we masters over our
most private of domains, our bodies? Or are we
merely serfs who must answer to an overlord that
gets the final say over whether and how we live
or die?
This debate over bodily integrity covers
broad territory, ranging from abortion and
euthanasia to forced blood draws, biometric
surveillance and basic healthcare.
Forced vaccinations are just the tip of the
iceberg.
Forced vaccinations, forced cavity searches,
forced colonoscopies, forced blood draws, forced
breath-alcohol tests, forced DNA extractions,
forced eye scans, forced inclusion in biometric
databases: these are just a few ways in which
Americans continue to be reminded that we have
no control over what happens to our bodies
during an encounter with government officials.
Consider the case of Mitchell vs.
Wisconsin in which the U.S. Supreme Court
in a 5-4
decision found nothing wrong when
police officers read an unconscious man
his rights and then proceeded to forcibly and
warrantlessly draw his blood while he was
still unconscious in order to determine
if he could be charged with a DUI.
To sanction this forced blood draw, the cops
and the courts hitched their wagon to state
“implied consent” laws (all of the states have
them), which suggest that merely driving
on a state-owned road implies that a person has
consented to police sobriety tests,
breathalyzers and blood draws.
More than
half of the states (29 states) allow police to
do warrantless, forced blood draws on
unconscious individuals whom they suspect of
driving while intoxicated.
Seven state appeals courts have declared
these warrantless blood draws when carried out
on unconscious suspects are unconstitutional.
Courts in seven other states have found that
implied consent laws run afoul of the Fourth
Amendment. And yet seven other states (including
Wisconsin) have ruled that
implied consent laws provide police with a free
pass when it comes to the Fourth Amendment and
forced blood draws.
Read the writing on the wall, and you’ll see
how little remains of our right to bodily
integrity in the face of the government’s steady
assaults on the Fourth Amendment.
Our freedoms—especially the Fourth
Amendment—continue to be strangulated by a
prevailing view among government bureaucrats
that they have the right to search, seize,
strip, scan, spy on, probe, pat down, taser, and
arrest any individual at any time
and for the slightest provocation.
Worse, on a daily basis, Americans are being
made to relinquish the most intimate details of
who we are—our biological makeup, our genetic
blueprints, and our biometrics (facial
characteristics and structure, fingerprints,
iris scans, etc.)—in order to clear the nearly
insurmountable hurdle that increasingly defines
life in the United States: we are now
guilty until proven innocent.
Such is life in America today that
individuals are being threatened with arrest and
carted off to jail for the least hint of
noncompliance, homes are being raided by
militarized SWAT teams under the slightest
pretext, property is being seized on the
slightest hint of suspicious activity, and
roadside police stops have devolved into
government-sanctioned exercises in humiliation
and degradation with a complete disregard for
privacy and human dignity.
While forced searches—of one’s person and
property—may span a broad spectrum of methods
and scenarios, the common denominator remains
the same: a complete disregard for the dignity
and rights of the citizenry.
Unfortunately, the indignities being heaped
upon us by the architects and agents of the
American police state—whether or not we’ve done
anything wrong—are just a foretaste of what is
to come.
The government doesn’t need to tie you to a
gurney and forcibly take your blood or strip you
naked by the side of the road in order to render
you helpless. As this showdown over COVID-19
vaccine mandates makes clear, the government has
other methods—less subtle perhaps but equally
devastating—of stripping you of your
independence, robbing you of your dignity, and
undermining your rights.
With every court ruling that allows the
government to operate above the rule of law,
every piece of legislation that limits our
freedoms, and every act of government wrongdoing
that goes unpunished, we’re slowly being
conditioned to a society in which we have little
real control over our bodies or our lives.
You may not realize it yet, but you are not
free.
If you believe otherwise, it is only because
you have made no real attempt to exercise your
freedoms.
Had you attempted to exercise your freedoms
before now by questioning a police officer’s
authority, challenging an unjust tax or fine,
protesting the government’s endless wars,
defending your right to privacy against the
intrusion of surveillance cameras, or any other
effort that challenges the government’s power
grabs and the generally lopsided status quo, you
would have already learned the hard way that the
American Police State has no appetite for
freedom and it does not tolerate resistance.
This is called authoritarianism, a.k.a.
totalitarianism, a.k.a. oppression.
As Glenn Greenwald
notes for the Guardian:
Oppression is designed to compel
obedience and submission to authority. Those
who voluntarily put themselves in that state
– by believing that their institutions of
authority are just and good and should be
followed rather than subverted – render
oppression redundant, unnecessary. Of course
people who think and behave this way
encounter no oppression. That's their reward
for good, submissive behavior. They are left
alone by institutions of power because they
comport with the desired behavior of
complacency and obedience without further
compulsion. But the fact that good, obedient
citizens do not themselves perceive
oppression does not mean that oppression
does not exist.
Get ready to stand your ground or run for
your life.
As I make clear in my book
Battlefield America: The War on the American
People, our government “of the people,
by the people and for the people” has been
transformed into a greedy pack of wolves that is
on the hunt.
“We the people” are the prey.
Constitutional attorney and author John W.
Whitehead is founder and president
The
Rutherford Institute. His books Battlefield
America: The War on the American People and
A Government of Wolves: The Emerging
American Police State are available
at
www.amazon.com. He can be contacted at johnw@rutherford.org.
Nisha Whitehead is the Executive Director of The
Rutherford Institute. Information about The
Rutherford Institute is available at
www.rutherford.org.