As we consider the unprecedented bludgeoning of our Constitution over the past two years, it’s worth pausing to remember the smallpox epidemic that stalled Washington’s army during the Revolution and the malaria contagion that culled the Army of Virginia. Though both alerted the Framers to the deadly and disruptive potential of infectious disease epidemics, the Framers nevertheless opted to include no pandemic exception to the United States Constitution. Yet today, the pandemic is being used to create a string of new exceptions to our Constitution. We are given just one rationale to explain
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