categoryMenu_new
 
  Home
  EXTRAORDINARY AH Teaching from Spiritual Hierarchy
  AbundantHope
  NEW READERS! Read Here First
  Supporting AH
  Leadership of AbundantHope
  Announcements
  Regional AH Sites
  Other Sites with AH material
  Contact Us
  Becoming A Messiah
  OUR PUBLIC FORUM IS OPEN TOO ALL
  Mission Ideas
  System Busting
  Cleric Letter/English
  Translations of Cleric Letter
  AH Member Writings
  Candace
  Ron
  Rosie
  Jess
  Brian's Poetry
  James
  Giuseppe
  Esteban
  Telepathic Messages
  Candace
  Jess Anthony
  Vince
  Leonette
  John
  Adam
  Bela
  Joyce
  Hazel
  Kibo
  Peter
  Rosie
  Johan
  Lucia
  Lucia G
  Rubens
  Shellee-Kim
  Ben
  Dorothea
  Solon
  Others
  Targeted Messages
  Hano
  Light Flower
  Changing The Face Of Religion
  - Phoenix Journals - PDF in German
  Candace on Religion
  Other Spiritual Pieces
  Gems from God Like Productions
  Spiritual Nuggets by the Masters
  Phoenix Journals
  Phoenix Journals - PDF
  Telepathic Messages PDF books
  Selections from the Urantia Book
  Illustrations For The Urantia Book
  CMGSN Pieces
  THE WAVE
  Environment/Science
  David Crayford and the ITC
  Health and Nutrition
  Podcasts, Radio Shows, Video by AH
 
  Political Information
  True US History
  Human/Animal Rights
  The Miracle That Is Me
  Education
  Resources
  911 Material
  Books - eBooks
  government email/phone #'s
  Self Reliance
  Video
  Websites
  Alternative News Sources
  Art and Music
  Foreign Sites
  Health and Healing
  Human/Animal Rights
  Scientific
  Spiritual
  Vegan Recipes
  Translated Material
  Dutch
  Gekanaliseerde berichten Jess
  Gekanaliseerde berichten Candace
  Gekanaliseerde berichten Anderen
  Artikelen/berichten
  French
  Canal Jess
  Par Candace
  Other Channels
  Articles
  German
  Telepathische Nachrichten (Candace)
  Telepathische Nachrichten (Jess)
  Telepathische Nachrichten (div.)
  AH Mitgliederbeiträge (Candace)
  AH Mitgliederbeiträge (Jess)
  Spirituelle Schätze
  Italian
  Translations - Candace
  Translations - Jess
  Translations - Others
  Portuguese
  by Candace
  By Jess
  By Others
  Spanish
  Anfitriones Divinos
  Bitácoras Fénix
  Creadores-de-Alas (WingMakers/Lyricus)
  Escritos de Candace
  Escritos de Otros
  Monjoronsón
  Telemensajes de Candace
  Telemensajes de Jess Anthony
  Telemensajes de Otros
  Chinese
  By Candace
  By Jess
  By Others
  Korean Translations
  Hungarian Translations
  Swedish Translations

Search
[an error occurred while processing this directive]
Political Information Last Updated: Oct 24, 2021 - 8:14:53 PM


The Unconstitutional Federal Vaccine Mandate
By Bronson Yake
Oct 24, 2021 - 8:12:18 PM

Email this article
 Printer friendly page Share/Bookmark

https://www.thegatewaypundit.com/2021/10/unconstitutional-federal-vaccine-mandate/

Many people are objecting to the mandate to get vaccinated and there are a number of lawsuits working through the courts. For the most part, people are arguing for an exemption. The core question should be "Does the Federal Government have the legal authority to issue a vaccine mandate?"  In a word, no.

State Vaccine Mandates Can be Permissible

The foundational and still-controlling legal authority is Jacobson v. Mass, 197 U.S. 11 (1905).  In that case, the U.S. Supreme Court let stand a vaccine mandate issued by a town.  The Court reasoned that the town's legal authority flowed from the State's general police powers.  Massachusetts law empowered local boards of health to mandate vaccines for when a contagious disease has an outbreak.  During a Small Pox outbreak, the Cambridge board of health mandated that all adults who were fit candidates had to be vaccinated or pay a $5 fine. The Supreme Court found that the concern about an outbreak of a deadly and contagious disease justified this use of the state's police powers.

The Court acknowledged the states' inherent police power regarding public health and discussed why Massachusetts' mandatory vaccination law was reasonable.  It found the small pox vaccine "strongly tends to prevent the transmission or spread of this disease..." but conceded not everyone believed the vaccine prevented the disease, however it was generally held to have the "decided tendency to prevent the spread of this fearful disease and to render it less dangerous to those who contract it." Jacobson at 34 (quoting Matter of Viemeister v. White, 88 A.D. 44, 84 N.Y.S. 712 (N.Y. App Div. 1903)[1].

TRENDING: Concerned Mother Wants to Air TV Ad on Pfizer's Dangerous Vaccine After Daughter Is Severely and Permanently Damaged -- But Comcast Refuses Ad at Last Minute

The Tenth Amendment, though often ignored or neglected, explicitly excludes powers to the federal government that are not granted to it in the Constitution (or implied by the powers that are granted), the effect is that the federal government does not have general "police powers".  The legal phrase describing the federal government is that it has "limited and enumerated powers."

The Tenth Amendment states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Taken together, the Tenth Amendment and Jacobson leave no doubt that the ability to create vaccine mandates belongs to the states.  The Federal Government has NO authority to issue vaccine mandates. A state's mandates will be upheld as long as it isn't enacted or enforced in an unreasonable, arbitrary or oppressive manner (see Jacobson, at 39,40), so the Supreme Court's refusal to stop the Maine mandate is not surprising.

The Supremacy Clause Does Not Rescue Biden's Mandate

The Supremacy Clause makes it crystal clear than in areas where the feds have Constitutional authority, federal law overrides any state or local law to the contrary.  Think of it as the inverse of the Tenth Amendment.  For a federal law (or regulation or executive order) to be "supreme", it must first be Constitutionally permissible.  A federal vaccine mandate[2] is void ab initio!

Did Biden Issue a Vaccine Mandate?

Biden knows he doesn't have the legal authority to issue a direct vaccine mandate, so his mandate is masquerading as a work rule to hide it behind the Interstate Commerce Clause.  Nevertheless, by creating a coercive choice between destitution and submission, there is no way to see his actions as anything other than an attempt to appropriate state powers that are denied to him. If "a rose by any other name would smell as sweet[3]," then this is a mandate.  This mandate-disguised-as-a-work-rule is such a cynical attempt to "work around" the federal government's lack of authority to issue a mandate any federal judge should see through it.

Jacobson is old, bit it is still the law

Jacobson age implies very strong stare decisis (think a snowball rolling down a hill). Any change would re-write the relationship between the states and the federal government, and essentially repeal the 10th Amendment.  Truly, if the federal government can use the Interstate Commerce clause to decide what medicine you have to take if you want to be able to work, there is nothing to stop it from preventing you from being employable if you eat French fries, or drink alcohol, or have unprotected sex, or have too many kids, etc.

It's Not About the Vaccine, It's about the Unconstitutional Order

Biden is aware[4] the power to issue vaccine mandates rests with the states. There is no COVID exception to the Constitution.  At the time the Constitution was drafted, the Founders were well acquainted with plagues and outbreaks of various disease.  Such occurrences were a fact of life for them, and yet they refused to create special "plague" or pandemic powers for the federal government.  Since Biden is actively attempting to over-reach the limits on his power, and subvert the explicit authority of the states, he has become an active threat to the Constitution.

Biden's actions violate the Tenth Amendment.  Every federal employee (and every lawyer) swears an oath to protect the Constitution. Our obligation is to oppose the mandate and all efforts by this administration to appropriate powers that belong to the states and to coerce the people. The Constitution can't protect itself.

[1] It makes one wonder, given the vaccine's poor performance in that it doesn't prevent people from catching the or spreading the disease, and its ability to mitigate the severity of the disease is questionable, would the Jacobson court have found a state COVID-19 vaccine mandate permissible.
[2] Conceivably, a vaccine mandate as part of a national defense situation would likely be permissible, but, unless President Biden is going to declare the pandemic to have been an act of biological warfare, which would endanger his family's revenue stream, that won't happen for COVID-19
[3] Romeo and Juliet, Act 2 Scene 2, Wm. Shakespeare.
[4] To the extent that he is aware of anything.



Submit a Correction




All writings by members of AbundantHope are copyrighted by
©2005-2021 AbundantHope - All rights reserved

Detailed explanation of AbundantHope's Copyrights are found here


Top of Page

Political Information
Latest Headlines
Australia Melbourne Victoria Nov 27th Time-Lapse of Protest Against Permanent Pandemic Legislation
AUSTRALIA: CHARGE OF MISPRISION OF TREASON FILED AGAINST DAN ANDREWS
Democrat Senator Threatens Supreme Court With ‘revolution’ if Roe v. Wade is Overturned
Brisbane Beats The Heat To Rally For FREEDOM
Russia Not Building ‘fortress walls’ But Simply Seeking to Increase Sovereignty – Putin
Four Ways The Ghislaine Maxwell Trial Is Already Rigged
The Most Striking Fact in Robert F. Kennedy, Jr.’s New Book
Canada Is Turning Feminists Into Criminals
New Law Allows For Warrantless Spying On Australians – where next?
Secretary of Defense Sends out Memo to Force Full Vaccination of All Members of the Armed Forces Under DoD Authority
Pentagon Orders New Probe into Syria Airstrike That Killed Dozens of Civilians
US Officials Confirm Israel Behind Cyberattack On Iranian Gas Stations
Dubbo - Old World in the Outback
COVID-19 vaccine II
Israel Authorizes Spy Agency To Access Private Cell Phone Data To Track Omicron Variant
Riccardo Bosi !! This guy!! Refreshing honesty and he's a politician!! Legend!!
BREAKING: Federal Judge Blocks Vaccine Mandate Nationwide – Protects Health Care Workers Across America
CNBC Pundit Calls Unvaxxed People “Psychotic”, Demands U.S. Military Hunt Them Down, Force Vaccine or Force Quarantine
Exposing The ‘indefensible’ Lies And Corruption Of Roe v. Wade Ahead of The Mississippi Case
Rittenhouse shooting victim confronted with video showing him pointing gun at defendant