Protecting Constitutional Rights: An Analysis of New Mexico’s Governor’s Statements

In recent statements, the governor of New Mexico suggested that Constitutional rights can be voided in times of emergency. However, it is essential to understand that legally, this assertion is not correct and presents a significant concern for the rights of Americans in the state of New Mexico. Let’s delve into the reasons why these statements infringe upon the fundamental rights of individuals and the potential legal implications that arise.

The Governor of New Mexico has just declared the 1st & 2nd Amendment “does not exist” due to an “emergency.”

Under this legal theory *all* of our “rights” are essentially eliminated.

Watch the most evil & tyrannical 60 seconds you’ve ever heard from a politician: pic.twitter.com/xLpMSTbyi2

— Benny Johnson (@bennyjohnson) September 9, 2023

Preserving Constitutional Rights

The Constitution of the United States serves as the backbone of our nation, guaranteeing certain unalienable rights to all citizens, regardless of the prevailing circumstances. In times of emergency, it is crucial to balance public safety with the protection of these Constitutional rights rather than negating them altogether. Patriotic Americans are sniffing out this overreach like never before. After the Covid debacle, it is shocking to see governors continue this assault on rights, especially so close to the 2024 election.

1. Limited Emergency Powers

Governors and other public officials possess emergency powers during exceptional situations, allowing them to make swift decisions to protect the well-being of the public. However, these powers are not boundless and should not be misinterpreted as an unrestricted authority to trample upon Constitutional rights. The principles of our legal system demand the consistent upholding of these rights, even in the face of adversity.

2. The Supremacy of the Constitution

The United States Constitution is the supreme law of the land, and any state actions or policies must conform to its provisions. Rights such as freedom of speech, right to bear arms, assembly, religion, and due process cannot be disregarded during emergencies. These rights are ingrained in the fabric of our democratic society and should be preserved even when faced with challenging circumstances.

3. Judicial Oversight

The Constitution establishes an impartial judiciary tasked with upholding individual liberties and interpreting the law. It is the responsibility of the courts to ensure that any emergency measures comply with Constitutional standards. Statements suggesting that Constitutional rights can be voided undermine the vital role that the judiciary plays in safeguarding these rights.

By the New Mexico Governor’s logic, if a Governor felt like declaring an emergency right before an election they’d be to suspend the 19th Amendment and stop women from voting?

Does she realize how flawed her logic is?

— Lauren Boebert (@laurenboebert) September 9, 2023

Legal Implications and Concerns

1. Slippery Slope

Allowing the temporary suspension of Constitutional rights during emergencies without proper safeguards sets a dangerous precedent. History has shown that unchecked power can lead to abuse and erosion of individual liberties. Once government officials assume the authority to curtail rights, it becomes increasingly challenging to revert to a state of normalcy, risking the permanent infringement upon citizen rights.

2. Lack of Clarity

The broad assertion that Constitutional rights can be voided during emergencies lacks clarity and specificity. By omitting clear guidance and restrictions, governments create uncertainty and leave room for potential abuse. The protection of Constitutional rights requires clear guidelines and a transparent decision-making process to prevent arbitrariness in times of crisis.

Final Thoughts On This Infringement

The governor of New Mexico’s statement implying that Constitutional rights can be voided during emergencies undermines the foundations of our democratic society. It is essential to understand that even in challenging times, the preservation of Constitutional rights is paramount. We must remember that our legal system provides mechanisms to protect individual liberties and guard against overreach by those in power.

As responsible citizens, we must remain vigilant and informed, keeping a close eye on any attempts to infringe upon our rights. By upholding the principles enshrined in the Constitution, we can promote a society that places the protection of rights and individual freedoms at its core, even in times of crisis.

Disclaimer: This blog post is not legal advice. It intends to shed light on the potential legal implications of statements made by the governor of New Mexico regarding Constitutional rights in times of emergency. For legal advice or specific information regarding your rights, consult with an attorney familiar with constitutional law in New Mexico.