Just in time for Thanksgiving, states across the country are re-implementing restrictions on traveling, gatherings, and commerce in response to rising COVID-19 cases. The specter of large-scale lockdowns looms once again.

In Colorado, 15 counties are on the verge of another lockdown if new COVID-19 cases continue to rise. Business capacity in these “red” counties has been reduced to a mere 10% and personal gatherings outside of households are prohibited. Residents are encouraged to stay home. Kiss your multi-generational holiday plans goodbye — so much for unity!

Michael Osterholm, an adviser to President-elect Joe Biden, has called for a nationwide lockdown of four-to-six weeks, claiming that the spring lockdown wasn’t strict enough. Biden wants a national mask mandate. Give thanks that they won’t be sworn into office until January.

While the government has a legitimate role to play in response to this pandemic, its actions must comply with the U.S. Constitution, which no emergency can abrogate. While COVID-19 is concerning, the stampede on civil liberties in response to the virus poses an even greater threat.

Politicians and bureaucrats advocating these new restrictions seem to have forgotten their oath to uphold the Constitution. Perhaps they think they’re smarter than our nation’s founders who wrote our Constitution which has stood the test of time for nearly 250 years.

For instance, the First Amendment upholds “the right of the people peaceably to assemble” and “the free exercise” of religion. Widespread restrictions on social gatherings, including Thanksgiving dinners and church services, directly violate this right. The Fifth Amendment holds that no person shall be “deprived of life, liberty, or property, without due process of law.” Bans on business activity and 14-day quarantines violate this property and liberty guarantee.

The Eighth Amendment forbids “excessive fines.” Punitive consequences for not adhering to mask mandates, including Boulder County’s penalty of up to a $15,000 fine and one year in jail, are excessive and in violation of this clause. Various state and local infringements on people’s rights to travel, work, and socialize contravene the Ninth Amendment ensuring that rights not mentioned in the Constitution shall be “retained by the people.”

These real and potential constitutional violations must be part of any conversation about existing and new restrictions in response to COVID-19.

There’s also practical and empirical evidence that COVID-19 restrictions fail on their own merits. The correlation between restrictions and fewer new cases is murky at best. When cases were rapidly increasing in Sunbelt states and Colorado this summer, numerous public officials such as Ezekial Emmanuel (another Biden adviser) called for lockdowns. Governors in these states resisted this temptation, and new cases soon began to fall. Northeastern states that enacted strict lockdowns, including New York and New Jersey, suffered far more in the spring.

While there may not be much to gain from implementing new restrictions, immense pain is being inflicted on families and small businesses who can least afford it. After the spring lockdowns, unemployment skyrocketed to levels not seen since the Great Depression. The impact of lockdowns falls disproportionately on the most vulnerable, who usually can’t make a living from their laptops. A recent Census Bureau survey finds that two in five Colorado households are behind on rent or mortgage payments. Thousands of small business owners invested years of hard work and personal sacrifice to make their businesses a success. Now, tragically, a Yelp study estimates that most small businesses that have had to shut down will never be able to reopen.

Hypocritically, state and local leaders have often disregarded the new restrictions they set for their constituents. In California, Gov. Gavin Newsom had to apologize for attending his friend’s 50th birthday bash that violated his diktats for gatherings. Washington, D.C. Mayor Muriel Bowser participated in a celebration in Delaware after Joe Biden’s election victory despite telling District residents not to travel out of state. And Chicago Mayor Lori Lightfoot attended a street party celebrating Biden’s (apparent) win, yet told Windy City residents to “cancel traditional Thanksgiving plans,” and welcome no guests. (No pumpkin pie with the grandkids for you, Grandma!).

Countless politicians have marched in Black Lives Matter protests, yet the virus doesn’t discriminate based on political beliefs — even if the press does.

Americans are smart enough to practice risk mitigation by social distancing, wearing masks in indoor public places (when distance can’t be maintained), being diligent about personal hygiene, and protecting the vulnerable. Now we the people must be wise enough to prevent politicians from exploiting this crisis to trample on our constitutional civil liberties.

Jennifer Schubert-Akin is the chairman and CEO of the Steamboat Institute.