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@MisterChris
The judiciary even periodically suggested that public health regulation was immune from constitutional review. [LINK]
Imagine for a moment that I secretly wish to impose a police state on a "free" society.
(1) DECLARE AN EMERGENCY
Preferably something indistinguishable from common experience, like "no symptoms".
It's almost as good as declaring someone a "secret commie" except with the added benefit that you can "test for it with science".
Immediately shut down businesses you disapprove of, the threat of shut-down will encourage businesses to declare their support.
(2) CENSOR ALL DISSENTERS
Make sure to enrage the sheeple so they lash out blindly at anyone who doesn't toe the official line, this will save you tons of money.
(3) MANDATE A SHOW OF LOYALTY
Traditionally this would be a badge of some sort, or an arm band, but a (pointless) mask also accomplishes the same ends.