The Administrative state and your freedom

June 7, 2022

Stopping 'Quarantine Camps' in New York State

By Bobbie Anne Flower Cox, Esq.

Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might, possibly have a communicable disease. They don’t have to prove you are sick. They don’t have to prove you are a health threat to others. They just need to think that, maybe, you were possibly exposed to a disease. And when I say “lock people up,” I mean lock you in your home or force you from your home into a facility, detention center, camp (pick your noun) that they get to choose and you must stay there for however long they want. No time limit; so it could be for days, weeks, months, or years....

Now imagine that there is no age restriction, so the government can do this to you personally, or to your child, or to your grandchild, or to your elderly parent, or to your ailing grandparent. The nightmare continues because you have no recourse. No chance to prove that you aren’t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine or isolation orders, so the knock on your door could very well be the sheriff or police coming to remove you from your home or to “check in” on you to ensure you are locked down in your home, isolated, in accordance with the Health Department’s order against you.

This dystopian horror sounds unbelievable to an American. That the government has the ability to control one’s every move is unnatural to us. Politicians and bureaucrats being able to have unbridled power to tell you where you can and cannot go, what you can and cannot do, and who you can and cannot see is the very antithesis of what our country stands for. It flies in the face of “liberty and justice for all.” After all, we are supposed to be a nation of governance of the people, by the people, and for the people.

And yet, the governor of New York and her Department of Health have promulgated a dystopian regulation that does all of that and more. The regulation is called “Isolation and Quarantine Procedures” and can be found at 10 NYCRR 2.13. It is a clear violation of the Separation of Powers because the governor is not supposed to make law, nor can an agency. Only the legislature can make law and agencies can only issue regulations that the legislature empowers them to issue. Simply put, an agency cannot just make up rules on its own whim. It must have a directive from the legislature to do so.

Remember from grade-school History class: We have three branches of government (Judicial, Executive and Legislative), all are co-equal with one another, and each has its own separate powers and duties. The governor and her agencies are in the Executive Branch of government. The Executive Branch enforces the laws that the Legislative Branch passes.