POLITICS

Unconstitutional federal vaccine mandate


Many people are objecting to the vaccination order and several lawsuits are pending in the courts. For the most part, people are arguing for a discount. The key question should be “Does the federal government have the legal authority to issue vaccine mandates?“In a word, no.

The state vaccine mandate may be approved

Is the basic and still-regulated legal authority Jacobson vs. Mass, 197 US 11 (1905). In that case, the U.S. Supreme Court allowed a city to suspend a vaccine order issued by the city. The court argued that the legal authority of the city flowed from the general police power of the state. Massachusetts law empowers local health boards to make vaccines mandatory when an infectious disease outbreak occurs. During the outbreak of small pox, the Cambridge Board of Health mandated that all adults who were eligible candidates be vaccinated or fined $ 5. The Supreme Court has seen that concerns over the outbreak of a deadly and contagious disease have justified this use of state police power.

The court acknowledged the underlying police powers of the states in relation to public health and discussed why Massachusetts compulsory vaccination laws are reasonable. It has been found that the small pox vaccine has a “strong tendency to prevent the spread of infection …” Is assumed to be. And rendering it less dangerous to those who make the deal. ” At Jacobson 34 (citation Viemeister vs. white matter, 88 AD 44, 84 NYS 712 (NY App Div. 1903)[1].

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The Tenth Amendment, although often overlooked or overlooked, explicitly excludes federal government powers that are not vested in the Constitution (or implied by the powers conferred), the effect is that the federal government has a general “police not” power “. That it has “limited and calculated power”.

The Tenth Amendment states:

Powers not vested in the United States by the Constitution or prohibited in the States by it are reserved to the States or the people, respectively.

Taken together, the Tenth Amendment and Jacobson There is no doubt that the power to create vaccine mandates belongs to the states. The federal government has no authority to issue vaccine mandates. The order of a state shall be maintained until it is enacted or enforced in an unreasonable, arbitrary or oppressive manner.Jacobson, a 39,40), so the Supreme Court’s refusal to close the Maine Order is not surprising.

The Supremacy Clause does not protect Biden’s mandate

The dominance clause makes it crystal clear that while the Fed has constitutional authority in the region, federal law ignores any state or local law as opposed to it. Think of it as the opposite of the Tenth Amendment. For a federal law (or regulation or executive order) to be “supreme”, it must be constitutionally approved. A federal vaccine order[2] Is Invalid!

Did Biden issue a vaccine mandate?

Biden knows that he does not have the legal authority to issue direct vaccine orders, so he is masquerading his order as a working rule to cover up the interstate trade clause. Nonetheless, making a forced choice between being destitute and submitting, there is no way to view his actions as anything other than an attempt at appropriate state power that has been denied to him. If “the smell of a rose of any other name would be sweet[3]“Then it’s an order. This mandate-disguise-a-work-rule is a brutal attempt by any federal judge to” work around “the federal government’s lack of authority to issue a mandate.

Jacobson Old, bit it is still the law

Jacobson Age refers to the decision to look very strong (think a snowball is rolling down a hill). Any change would rewrite the relationship between the state and the federal government and would basically cancel 10.M Correction. Really, if the federal government can use the Interstate Commerce Clause to decide what drugs you should take if you want to work, there is nothing to stop you from being employed if you eat French fries or drink alcohol. , Or unprotected sex, or have many children, etc.

It’s not about the vaccine, it’s about the unconstitutional order

Biden is aware[4] The power to issue vaccine mandates depends on the states. Kovid is no exception to the Constitution. At the time of the drafting of the constitution, the founders were well acquainted with the plague and the outbreak of various diseases. Such incidents were a fact of life for them and yet they refused to create special “plague” or epidemic powers for the federal government. As Biden is actively trying to overstep his powers and undermine the apparent authority of the states, he has become an active threat to the Constitution.

Biden’s work violates the Tenth Amendment. Every federal employee (and every lawyer) took an oath to uphold the Constitution. Our obligation is to oppose the mandate and to oppose all attempts by this administration to compel the appropriate powers and people belonging to the States. The Constitution cannot defend itself.

[1] This makes one wonder, because of the poor effectiveness of the vaccine that it does not prevent people from catching or spreading the disease and the ability to reduce the severity of the disease is doubtful, then Jacobson The court found a state COVID-19 vaccine mandate admissible.
[2] Presumably, a vaccine order would likely be approved as part of the national defense situation, however, unless President Biden is going to declare the epidemic an act of biological warfare that would jeopardize his family’s revenue stream. For COVID-19
[3] Romeo and Juliet, Law 2 Scene 2, Wm. Shakespeare.
[4] To that extent he is aware of something.





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