PROTECTIVE RESUMPTION – HOW STATES CAN RESTORE OUR CONSTITUTIONAL FREEDOMS
The COVID pandemic has witnessed the exercise of state “police powers” on a scale and scope unprecedented in America’s peacetime history.
Out of fear of contagion, massive amounts of private property in the form of shops, restaurants, bars, and other businesses were peremptorily seized and shuttered. The rights of landlords to collect rents and evict tenants were suspended. The ability of people to cross from one state to another was hobbled by regulations, quarantines, and delays.
The purpose here is to point out what such robust assertions of police powers could achieve, constitutionally and politically, if put to different and more legitimate ends—protecting Americans’ health and safety against what predictably ensues when the federal government abandons one of its primary charges.
We propose calling this the Doctrine of Protective Resumption.













