Monday, Nov. 23, 2020 | 2 a.m.
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President-elect Joe Biden has to push for universal wearing of masks. Libertarians like Sen. Rand Paul of Kentucky are claiming that the Constitution gives Americans the right to life, liberty and the pursuit of happiness, even if that pursuit harms others.
Mandating mask use is for public safety. We require that people do not drive while intoxicated. We forbid people from driving beyond speed limits. We ban swimming in the ocean when huge waves are hitting the shore. We forbid the use of cellphones while driving. People under age 21 are not allowed to drink. The list goes on and on.
The constitutional right to pursue happiness is limited by the right of others to public safety. The Constitution does not say that people have a right to harm themselves. The police are mandated to try to stop people from jumping off buildings.
There is nothing in the Constitution that suggests people have a right to refuse wearing masks when it has been proven scientifically that not wearing masks could kill other people or themselves.
So why is wearing masks not a legal requirement for everyone in public places? It’s political. Biden must have the courage to press Congress to pass such legislation. And he must have the courage to sign it when it hits his desk. And the law, to be effective, must mandate serious consequences for noncompliance.
