Where we stand: Lockdowns and mask mandates

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The Massachusetts Libertarian Party has adopted several resolutions over the past two months designed to establish both a position and series of strategies for the party moving forward on relevant issues of liberty.

While resolutions by a political party — like platform positions — are often overlooked, or even ignored, by party members going forward, these are divergent from past party resolutions in an important way. First, it should be stressed that establishing a case against lockdowns and mask mandates themselves is not new — even the Libertarian Party state committee by Ashley Shade back in 2021 at least nominally condemned mandates — nor on the surface do resolutions by party leaders actually do anything to make the mandates less likely.

What’s unique about these resolutions which we’ll be publishing in on this blog over the next couple of days is the call for citizen resistance and direct citizen action against these unconstitutional and invalid laws using Jeffersonian nullification, Madisonian interposition, and civil disobedience in the style of Massachusetts’ own Henry David Thoreau. For the first time in party history, the Libertarian Party of Massachusetts is not limiting itself to purely electoral and ballot measure means toward securing liberty; we’re seeking out full-spectrum peaceful resistance to government overreach. And we’re asking our members to take non-violent action directly, by themselves, and in concert with others who are willing.

The form of the resolutions is pretty simple: They cite a series of constitutional texts as supports for our position defending natural liberty of all people, followed by a recommended course (or courses) of action against immoral and illegal actions by government.

Here’s the full text of the resolution on lockdowns and mask mandates that the state committee adopted:

Whereas: Article 19 of the Massachusetts Constitution, in the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, recognizes the right “to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.”

Whereas: Article 20 of the Massachusetts Constitution, in the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, recognizes that “the power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.”

Whereas: Article 28 of the Massachusetts Constitution, in the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, recognizes that “no person can in any case be subject to law-martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.”

Whereas: Article 30 of the Massachusetts Constitution, in the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, provides that “in the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them …. to the end it may be a government of laws and not of men.”

Whereas: Article 6 paragraph 2 of the United States Constitution reads: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.”

Whereas: Article 6 paragraph 3 of the United States Constitution reads: “The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.”

Whereas: The 1st Amendment of the United States Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Whereas: The 9th Amendment of the United States Constitution reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Which includes – the right to self-determination, the right to bodily autonomy, the right of consent, the right of association.

Whereas: The 14th Amendment to the US Constitution provides that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Whereas: Title 18 U.S. Code § 242 – Provides punishment for deprivation of rights under color of law or all in the employment of government.

Now, Therefore: The Libertarian Party of Massachusetts, also known as the Libertarian Association of Massachusetts, proclaims that the practice of mask, vaccine or lockdown mandates issuing from the orders of any executive branch office, town, or county government, is null, void, notwithstanding and absolutely forbidden within the Commonwealth of Massachusetts, and that any government official issuing mask, vaccine and lockdown mandates henceforth by its name or other imagined usurpation of the people’s rights shall be understood to be in violation of her or his oaths of office, shall be given no deference by the party, and that the Libertarian Party of Massachusetts shall offer support to those who act against and to nullify these unjust practices.

Adopted unanimously (9-0 vote) by the Libertarian Party of Massachusetts State Committee on Wednesday, July 13.

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