Legal expert Alan Dershowitz is a self-proclaimed liberal Democrat, but even he admits on Newsmax that constitutional authority of COVID-19 mask mandates lies with Congress and not the "administrative state" America has become.
"I personally favor requiring masking on airplanes, buses, and trains, but it's a very controversial issue and people reasonably support the other view — and the decision should not be made by administrative agencies; it should be made by the legislature," Dershowitz told Saturday's "America Right Now." "This is not an emergency. We have plenty of time to discuss this, and Congress should decide that issue after hearing input from doctors, from experts, from ordinary travelers.
"We're beginning to live in what I call an administrative state — administrative agencies who are not part of the Constitution. Under the Constitution, the legislature makes the law, the executive enforces it, and the judiciary that evaluates it for constitutionality."
After a federal judge rejected the Biden administration's mask mandate on public transit, Dershowitz told host Tom Basile he likes the requirement of masks, but stresses Congress should be writing the law for it.
"So, I favor requiring masks, but I favor it being done by legislation," he continued. "If the legislature refuses to pass it, then I'll live with it and decide whether to travel by train or travel by plane, but I don't want to sit next to somebody who's unmasked, personally."
There was one piece of the U.S. judge in Florida's ruling, Dershowitz now.
"Now, Congress has allocated to administrative agencies some power, and I think the lower court got wrong one issue, and that is, they said that the statute doesn't authorize administrative agencies to deal with issues of sanitation: Yeah, it does," Dershowitz added. "Many diseases are caused by sanitation, so I think the court may have gotten it wrong.
"And maybe the Biden administration will win on appeal, but they'd be much better off sending it to Congress with a recommendation in favor of masks. Whether it will pass or not, I don't know; it might not pass even with a Democratic Congress."
Dershowitz, speaking about another issue of video camera surveillance being requested by police without informed consent of targets, similarly noted America is becoming a "Big Brother state."
"You know we live in Big Brother state now; we have to sacrifice privacy for safety," Dershowitz concluded. " And, you know, it was a Benjamin Franklin, who said those who are prepared foolishly to give up their liberty for safety deserve neither, and we have to strike an appropriate balance between safety and individual liberty."
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