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Rule by Decree: The Emergency State’s Plot to Override the Constitution

John W. Whitehead
10 min readJun 6, 2023

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Rule by indefinite emergency edict risks leaving all of us with a shell of a democracy and civil liberties just as hollow.” — Justice Neil Gorsuch

We have become a nation in a permanent state of emergency.

Power-hungry and lawless, the government has weaponized one national crisis after another in order to expand its powers and justify all manner of government tyranny in the so-called name of national security.

COVID-19, for example, served as the driving force behind what Supreme Court Justice Neil Gorsuch characterized as “the greatest intrusions on civil liberties in the peacetime history of this country.”

In a statement attached to the Supreme Court’s ruling in Arizona v. Mayorkas, a case that challenged whether the government could continue to use it pandemic powers even after declaring the public health emergency over, Gorsuch provided a catalog of the many ways in which the government used COVID-19 to massively overreach its authority and suppress civil liberties:

Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools, public and private. They closed

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John W. Whitehead
John W. Whitehead

Written by John W. Whitehead

Constitutional attorney John W. Whitehead, president of The Rutherford Institute, is one of the nation’s leading advocates of civil liberties and human rights.

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