Friday 29th March 2024

Home » Featured Today » Currently Reading:

Who Owns Your Face?

March 1, 2021 Featured Today No Comments

By JUDGE ANDREW P. NAPOLITANO

After listening to Dr. Anthony Fauci recently suggest that we should expect to be wearing two masks on our faces everywhere we go until the end of 2022, I began thinking again about first principles.
Fauci is entitled to express his opinions. Yet, because he is the president’s chief adviser on COVID-related medical matters, I cringed when I heard what he said. Was this a trial balloon or did he mean it literally? Are these suggestions or will they become commands with the purported force of law?
Because the Constitution is the supreme law of the land, it governs the government wherever it goes and whatever it does. The original purpose of the Constitution was twofold: to establish the federal government and to limit its regulatory and taxing powers to the 17 discrete powers articulated in Article I.
The former took place in 1789 when the Constitution was ratified. The latter has been a dismal failure.
The federal government recognizes next to no limits to its powers, no matter which political party controls Congress and the White House. The feds believe that they can right any wrong, tax any event, and regulate any behavior — subject only to the express prohibitions in the Constitution. Even when there is a prohibition, such as, “Congress shall make no law…abridging the freedom of speech,” Congress has found ways around it. To the federal government, “no law” does not mean “no law.” Just ask the folks who have been prosecuted for their speech.
This is known as the Wilsonian model, named after President Woodrow Wilson, who advanced it shamelessly. All of his presidential successors have done the same.
Before Wilson, for the most part, and except for the Civil War years, the federal government recognized the limitations imposed upon it by the Constitution and, for the most part, stayed within their confines. This is known as the Madisonian model, named after President James Madison who wrote the Constitution and the Bill of Rights.
The first eight amendments in the Bill of Rights articulate negative rights. That is, the amendments don’t grant rights; they restrain the government from interfering with rights that already existed when the amendments were ratified. The Fifth and the Fourteenth Amendments expressly require that the government prove fault and harm at a jury trial before it can interfere with property rights.
The Ninth Amendment commands that the enumeration of certain rights in the first eight amendments nevertheless does not negate other rights retained by the people, and the government shall not “deny or disparage” those other rights. Among those other rights that the government shall not deny or disparage are those that affect property ownership.
All property not owned by the government confers upon its owners what lawyers call the “bundle” of property rights. The bundle includes the right to use the property, to alienate the property — sell, lease, encumber, and to exclude others from the property, even the government — as the owner sees fit. The bundle represents the natural rights that property ownership confers upon owners.
The government does not enjoy the rights contained in the bundle. You can exclude me from your garden party because I am Catholic or a libertarian. The government cannot do so from its property for the same reasons. The bundle represents natural rights, which are enjoyed only by natural people. The government is not a natural person. It is an artificial construct based on a monopoly of force in a geographic area.
Yet, today, the government tells us what we can and cannot do on our property, regulates and taxes the use of our property and comes onto our property under all sorts of pretexts. Stated differently, the government does care about property rights and it denies and disparages them regularly — the Fifth, Ninth, and Fourteenth Amendments notwithstanding.
Among the property rights that the government has lately denied is the ownership of our bodies. As our rights are natural — they are integral to our humanity — we are born with the ownership of our bodies, a right that ripens as we achieve adulthood. The Supreme Court has recognized the right to make personal private decisions about our bodies and immunized those decisions from ordinary governmental assault.
So, when the government tells us what clothing we must minimally wear, under the Constitution, it must mean on property that it owns, not on private property. Yet, even on government property, the Constitution protects us.
What about your face? As you own your body, you own your face.
Decisions about what your face looks like are protected by substantive due process. Stated differently, these private personal decisions — to shave or not, to wear makeup or not, to bare the face or not — are essentially immune from government regulation, absent a showing of fault and harm.
The government can dispatch its medical personnel to persuade us to do as the government wishes — despite neglecting a substantial body of medical evidence that contradicts what it preaches — but it may not use the force of law to compel compliance on the face.
The whole purpose of the Bill of Rights is to keep the government off the people’s backs, as Justice William O. Douglas famously wrote. He could have written “faces.” There are areas of human behavior that are none of the government’s business. Facial appearance — because we own our faces and can exclude all others, even the government, from them — is foremost among them.
History teaches that governments crave control and resist restraint. They negate liberty. Yet, according to the Declaration of Independence, the reason we have government is not to tell us how to live but to protect our freedoms.
How well has that worked?

Share Button

2019 The Wanderer Printing Co.

Vatican and USCCB leave transgender policy texts unpublished

While U.S. bishops have made headlines for releasing policies addressing gender identity and pastoral ministry, guidelines on the subject have been drafted but not published by both the U.S. bishops’ conference and the Vatican’s doctrinal office, leaving diocesan bishops to…Continue Reading

Biden says Pope Francis told him to continue receiving communion, amid scrutiny over pro-abortion policies

President Biden said that Pope Francis, during their meeting Friday in Vatican City, told him that he should continue to receive communion, amid heightened scrutiny of the Catholic president’s pro-abortion policies.  The president, following the approximately 90-minute-long meeting, a key…Continue Reading

Federal judge rules in favor of Gov. DeSantis’ mask mandate ban

MIAMI (LifeSiteNews) – A federal judge this week handed Florida Republican Gov. Ron DeSantis another legal victory on his mask mandate ban for schools. On Wednesday, Judge K. Michael Moore of the Southern District of Florida denied a petition from…Continue Reading

The Eucharist should not be received unworthily, says Nigerian cardinal

Priests have a duty to remind Catholics not to receive the Eucharist in a state of serious sin and to make confession easily available, a Nigerian cardinal said at the International Eucharistic Congress on Thursday. “It is still the doctrine…Continue Reading

Donald Trump takes a swipe at Catholics and Jews who did not vote for him

Donald Trump complained about Catholics and Jews who did not vote for him in 2020. The former president made the comments in a conference call featuring religious leaders. The move could be seen to shore up his religious conservative base…Continue Reading

Y Gov. Kathy Hochul Admits Andrew Cuomo Covered Up COVID Deaths, 12,000 More Died Than Reported

When it comes to protecting people from COVID, Andrew Cuomo is already the worst governor in America. New York has the second highest death rate per capita, in part because he signed an executive order putting COVID patients in nursing…Continue Reading

Prayers For Cardinal Burke . . . U.S. Cardinal Burke says he has tested positive for COVID-19

VATICAN CITY (CNS) — U.S. Cardinal Raymond L. Burke said he has tested positive for the virus that causes COVID-19. In an Aug. 10 tweet, he wrote: “Praised be Jesus Christ! I wish to inform you that I have recently…Continue Reading

Democrats Block Amendment Banning Late-Term Abortions, Stopping Abortions Up to Birth

Senate Democrats have blocked an amendment that would ban abortions on babies older than 20 weeks. During consideration of the multi-trillion spending package, pro-life Louisiana Senator John Kennedy filed an amendment to ban late-term abortions, but Democrats steadfastly support killing…Continue Reading

Transgender student wins as U.S. Supreme Court rebuffs bathroom appeal

WASHINGTON (Reuters) -The U.S. Supreme Court on Monday handed a victory to a transgender former public high school student who waged a six-year legal battle against a Virginia county school board that had barred him from using the bathroom corresponding…Continue Reading

New York priest accused by security guard of assault confirms charges have now been dropped

NEW YORK, June 17, 2021 (LifeSiteNews) — A New York priest has made his first public statement regarding the dismissal of charges against him.  Today Father George W. Rutler reached out to LifeSiteNews and other media today with the following…Continue Reading

21,000 sign petition protesting US Catholic bishops vote on Biden, abortion

More than 21,000 people have signed a letter calling for U.S. Catholic bishops to cancel a planned vote on whether President Biden should receive communion.  Biden, a Catholic, supports abortion rights and has long come under attack from some Catholics over that…Continue Reading

Bishop Gorman seeks candidates to fill two full time AP level teaching positions for the 2021-2022 school year in the subject areas of Calculus/Statistics and Physics

Bishop Thomas K. Gorman Regional Catholic School is a college preparatory school located in Tyler, Texas. It is an educational ministry of the Catholic Diocese of Tyler led by Bishop Joseph Strickland. The sixth through twelfth grade school provides a…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Catechism

Today . . .

Abortion Advocates No Longer Consider It “A Necessary Evil,” They Celebrate Killing Babies

Last week, Kamala Harris became the first vice president in U.S. history to make a public visit to an abortion clinic. Though the Democratic party’s support for abortion is nothing new, Harris’ Planned Parenthood appearance does illustrate how that support has become a flagrant celebration of abortion as a public and personal good, essential to both “freedom” and to “healthcare.” At the appearance, Harris proclaimed,  It is only right and fair that people have access…Continue Reading

Wisconsin Supreme Court says Catholic charity group cannot claim religious tax exemption

The Wisconsin Supreme Court on Thursday ruled that a major Catholic charity group’s activities were not “primarily” religious under state law, stripping the group of a key tax break and ordering it to pay into the state unemployment system. Catholic Charities Bureau (CCB) last year argued that the state had improperly removed its designation as a religious organization.  The charity filed a lawsuit after the state said it did not qualify to be considered as an organization…Continue Reading

Walgreens and CVS Will Start Selling Abortion Pills That Kill Babies

The two largest pharmacies in America will start selling abortion pills this month that end the lives of unborn children by starting them to death. Walgreens and CVS will both sell the abortion pills despite the fact that they kill a developing human being and have killed at least dozens of women and injured tens of thousands more. They plan to initially roll out abortion drug sales in Rhode Island, Massachusetts, New York, Pennsylvania, California…Continue Reading

Cardinal Burke announces novena to Our Lady of Guadalupe for ‘crises of our age’

VATICAN CITY (PerMariam) — Raymond Cardinal Burke has announced the start of a global, nine-month novena to Our Lady of Guadalupe, calling on Catholics to beseech Mary’s intercession on the Church and the world in the face of the “crises of our age.” In a new endeavour published online over the weekend, Cardinal Burke announced a novena beginning in March, and culminating on the feast of Our Lady of Guadalupe on December 12.

Texas attorney general targets Catholic nonprofit, alleges it facilitates illegal immigration

Washington, D.C. Newsroom, Feb 21, 2024 / 21:15 pm Texas Attorney General Ken Paxton is trying to shut down a Catholic nonprofit organization in El Paso based on allegations that the group may be facilitating illegal immigration, harboring immigrants who entered the country illegally, and engaging in human smuggling.  Paxton filed a lawsuit against the nonprofit Annunciation House, which has operated in the state for nearly 50 years. The lawsuit asks the District Court of El Paso…Continue Reading

The King of Kings

Cindy Paslawski We are at the end of the Church year. We began with Advent a year ago, commemorating the time awaiting the coming of the Christ and we are ending these weeks later with a vision of the future, a vision of Christ the King of the Universe on His throne before us all.…Continue Reading

7,000 Pro-Lifers March In London

By STEVEN ERTELT LONDON (LifeNews) — Over the weekend, some seven thousand pro-life people in the UK participated in the March for Life in London to protest abortion.They marched to Parliament Square on Saturday, September 2 under the banner of “Freedom to Live” and had to deal with a handful of radical abortion activists.During the…Continue Reading

An Appeal For Prayer For The Armenian People

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Cardinal Burke on August 29, 2023, issued this prayer for the Armenian people, noting their unceasing love for Christ, even in the face of persecution.) + + On the Feast of the Beheading of St. John the Baptist, having a few days ago celebrated the…Continue Reading

Robert Hickson, Founding Member Of Christendom College, Dies At 80

By MAIKE HICKSON FRONT ROYAL, Va. (LifeSiteNews) — Robert David Hickson, Jr., of Front Royal, Va., died at his home on September 2, 2023, at 21:29 p.m. after several months of suffering and after having received the Last Rites of the Catholic Church. He was surrounded by friends and family.Robert is survived by me —…Continue Reading

The Real Hero Of “Sound of Freedom”… Says The Film Has Strengthened The Fight Against Child Trafficking

By ANA PAULA MORALES (CNA) —Tim Ballard, a former U.S. Homeland Security agent who risked his life to fight child trafficking, discussed the impact of the movie Sound of Freedom, which is based on his work, in an August 29 interview with ACI Prensa, CNA’s Spanish-language news partner. “I’ve spent more than 20 years helping…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Catholic Replies

Editor’s Note: This lesson on medical-moral issues is taken from the book Catholicism & Ethics. Please feel free to use the series for high schoolers or adults. We will continue to welcome your questions for the column as well. The email and postal addresses are given at the end of this column. Special Course On Catholicism And Ethics (Pages 53-59)…Continue Reading

Color Politics An Impediment To Faith

By FR. KEVIN M. CUSICK The USCCB is rightly concerned about racism, as they should be about any sin. In the 2018 statement Open Wide Our Hearts, they affirm the dignity of every human person: “But racism still profoundly affects our culture, and it has no place in the Christian heart. This evil causes great harm to its victims, and…Continue Reading

Trademarks Of The True Messiah

By MSGR. CHARLES POPE (Editor’s Note: Msgr. Charles Pope posted this essay on September 2, and it is reprinted here with permission.) + + In Sunday’s Gospel the Lord firmly sets before us the need for the cross, not as an end in itself, but as the way to glory. Let’s consider the Gospel in three stages.First: The Pattern That…Continue Reading

A Beacon Of Light… The Holy Cross And Jesus’ Unconditional Love

By FR. RICHARD D. BRETON Each year on September 14 the Church celebrates the Feast Day of the Exultation of the Holy Cross. The Feast Day of the Triumph of the Holy Cross commemorates the day St. Helen found the True Cross. It is fitting then, that today we should focus on the final moments of Jesus’ life on the…Continue Reading

Our Ways Must Become More Like God’s Ways

By FR. ROBERT ALTIER Twenty-Fifth Sunday In Ordinary Time (YR A) Readings: Isaiah 55:6-9Phil. 1:20c-24, 27aMatt. 20:1-16a In the first reading today, God tells us through the Prophet Isaiah that His thoughts are not our thoughts and His ways are not our ways. This should not come as a surprise to anyone, especially when we look at what the Lord…Continue Reading

The Devil And The Democrats

By FR. DENIS WILDE, OSA States such as Minnesota, California, Maryland, and others, in all cases with Democrat-controlled legislatures, are on a fast track to not only allow unborn babies to be murdered on demand as a woman’s “constitutional right” but also to allow infanticide.Our nation has gotten so used to the moral evil of killing in the womb that…Continue Reading

Crushed But Unbroken . . . The Martyrdom Of St. Margaret Clitherow

By RAY CAVANAUGH The late-1500s were a tough time for Catholics in England, where the Reformation was in full gear. A 1581 law prohibited Catholic religious ceremonies. And a 1584 Act of Parliament mandated that all Catholic priests leave the country or else face execution. Some chose to remain, however, so they could continue serving the faithful.Also taking huge risks…Continue Reading

Advertisement(2)