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Op-Ed

KrisAnne Hall: A New York Bill To Imprison and Forcibly Vaccinate People Without Due Process Could Soon Be Reality

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On Wednesday, New York assemblymen will be asked to vote on a bill that would authorize the governor and/or health officials to take custody of New Yorkers, imprison them and forcibly vaccinate them without due process.

This bill is not only a threat to the Constitution of New York and the people of New York but also to everyone in America if you consider the way certain legislation can spread throughout America in this age of “crisis.”

We must stay vigilant, not only of legislation in our own states but also of that which could impact other states.

The bill, introduced by Assemblyman N. Nick Perry (District 58) is titled Assembly Bill A416 and describes itself as a “[an act] to amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health.”

This legislation is not only dehumanizing by referring the people of New York as “contacts or carriers”; it violates multiple sections of the New York Constitution and robs New Yorkers of their fundamental, inherent rights.

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If passed, this legislation would place in the hands of the governor, or his designated agent, the full and autonomous authority to “order” the “removal” and “detention” of every person the governor or his “delegee” determines “may pose” an “imminent and significant threat to the public health.”

Further, the act would enable the governor or his delegee to “require an individual who has been exposed to or infected by a contagious disease to complete and appropriate, prescribed course of treatment, preventive medication or vaccination.”

The bill refers to these people as “carriers” or “contacts” of COVID-19. Once some health department worker thinks a New Yorker is a carrier or contact to a carrier, that person could be seized and held without hearing, trial, due process or bond for a period of time to be determined by the health department.

A416 does graciously establish that any person once detained “shall not continue to be detained after the [health] department determines that such person is no longer contagious.”

Do you think this legislation is unconstitutional?

What is the standard for that completely arbitrary determination by the health department, you might ask? The legislation leaves that entirely to the discretion of agents of the health department and their personal “due diligence.” Only if and when the person detained formally “requests” to be heard will the health department be required to grant the “opportunity to be heard” — within three to five days.

To give some real due process perspective, if a New Yorker is arrested and accused of murder, they are guaranteed, automatically without asking, a hearing within 24 hours. If a New Yorker is picked up on the whim of some health department worker, they will have to wait at least three days to have a hearing — but only after a hearing is formally requested, from your detention cell, in a yet-to-be-determined state-designated facility.

In short:

1. A416 removes every New Yorker’s right to due process before forcing them into the custody of health officials. New Yorkers will not be given their right to a trial as required by Article I, Section 1, and Article VI, Section 18a, of the New York Constitution.

2. A416 arbitrarily reduces the well-established standard of strict scrutiny required for the infringement of these fundamental rights to the lesser standard of “clear and convincing evidence” which will be determined solely by the governor or some worker in the state health department, which violates New York’s constitutional principle of separation of powers.

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3. A416 is a bold violation of Article 1, Section 5, and Article 1, Section 12, of the New York Constitution as it potentially deprives every New Yorker of their inherent rights to due process related to a search and seizure of their property and their body.

These are just a few, but very serious, violations that will result if A416 is passed. New Yorkers cannot allow that to happen. Everyone in New York needs to contact their senator and assemblyman and demand they vote no on A416.

Everyone in America needs to contact their state representatives and demand that such legislation never be drafted.

Below is a sample script created by Liberty First Legal for every New Yorker to use if they want to contact their representatives and demand they vote no:

Dear Assemblyman [insert name],

I am writing as a citizen of the State of New York and your constituent asking you to vote no on A416.

On Jan. 6 you will be asked to vote on Assembly Bill A416 to amend the authority of the governor in health emergencies. This bill will authorize the governor and health officials to seize New Yorkers and force-vaccinate them without due process.

A416 cannot be supported as it violates several provisions of the New York Constitution.

1. A416 removes every New Yorker’s right to due process before forcing them into the custody of health officials. New Yorkers will not be given their right to a trial as required by Article I, Section 1, and Article VI, Section 18a, of the New York Constitution.

2. A416 arbitrarily reduces the well-established standard of strict scrutiny required for the infringement of these fundamental rights to the lesser standard of “clear and convincing evidence” which will be determined solely by the governor or some worker in the state health department, which violates New York’s constitutional principle of separation of powers.

3. A416 is a bold violation of Article 1, Section 5, and Article 1, Section 12, of the New York Constitution as it potentially deprives every New Yorker of their inherent rights to due process related to a search and seizure of their property and their body.

These are just a few, but very serious, violations that will result if A416 is passed. We cannot allow that to happen. In defense of the rights of every New Yorker, I am strongly requesting you vote no. Thank you for your time and service.

Sincerely,

[insert name]

Sample phone script:

I am calling as a citizen of the State of New York and your constituent asking you to vote no on A416. On Jan. 6 you will be asked to vote on Assembly Bill A416 to amend the authority of the governor in health emergencies. This bill will authorize the governor and health officials to seize New Yorkers and force-vaccinate them without due process. A416 cannot be supported as it violates several provisions of the New York Constitution. These are very serious violations that will result if A416 is passed. We cannot allow that to happen. In defense of the rights of every New Yorker, I am strongly requesting you vote no. Thank you for your time and service.

The views expressed in this opinion article are those of their author and are not necessarily either shared or endorsed by the owners of this website. If you are interested in contributing an Op-Ed to The Western Journal, you can learn about our submission guidelines and process here.

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KrisAnne Hall is the most sought-after national speaker on the Constitution, averaging over 250 events in nearly 22 states every year for five years straight. She has written six books on American history and the U.S. Constitution and is now a professor at River University School of Government.
KrisAnne Hall received her bachelor’s degree in biochemistry from Blackburn College and her Juris Doctor from the University of Florida college of law. She served in the U.S. Army as a military intelligence cryptologic linguist and was a prosecutor for the state of Florida for nearly a decade. KrisAnne also worked with a prominent national First Amendment law firm where she traveled the country defending Americans whose rights were violated by unlawful arrests and prosecutions.

KrisAnne is the most sought-after national speaker on the Constitution, averaging over 250 events in nearly 22 states every year for five years straight. She has written six books on American history and the U.S. Constitution and is now a professor at River University School of Government.
KrisAnne is a regular consultant on the Constitution for numerous radio, podcast and television programs. She has been seen on i24 News, Law & Crime, NewsMax and Fox News; she has been interviewed by C-SPAN In Depth; and her books and classes have been featured on C-SPAN Book-tv. KrisAnne has had a nationally popular radio show for over six years that is carried both on terrestrial and internet stations.

KrisAnne lives in Tampa, Florida, with her husband, JC Hall, and their adopted son Colton. She can be found at KrisAnneHall.com




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