Actually, it may be "against the Constitution," the final say that it is so laying with the courts and perhaps the Supreme Court. That said, the case against such a mandate at the Federal level is quite strong.
To start, the Constitution stipulates, under the 10th Amendment, that any power not specifically granted to the Federal government is reserved to the states "or to the people." The latter provision typically being interpreted as meaning local government. To be sure, Federal authority has been read somewhat broadly in the 20th and 21st centuries, with some implied powers being read into the general provision.
That said, as an historical matter, health regulations in general have been under the jurisdiction of state and local government. Most health laws being state or local in origin. The only exceptions have been cases of interstate commerce as well as the authority of the Federal government over Federal employees and indirectly those entities that contract with the Federal government. Plus, more recently, to a limited extent, for the beneficiaries of Medicare and Medicaid.
(Also, it should be added that the approval of all drugs - including vaccines - for sale and distribution, is in the hands of the Federal government. This deriving again from the Federal government's power to regulate interstate commerce.)
This is why the President, in announcing his "mandate" is attempting to impose it through OSHA health regulations. That is that he is attempting to impose the mandate via the authority of the Federal government to maintain workplace safety - this power too being implicit in the Federal government's authority to regulate interstate commerce.
Thus also why the Administration is imposing the mandate only on those companies with 100 or more employees. Assuming that smaller companies will be, on average, less likely to engage in interstate commerce.
Suffice to say, the Biden Administration, in attempting to impose a vaccine mandate is, at the very least, attempting to thread the constitutional needle. At the most basic level, the President would seem to be, prima facie, exceeding the authority of the Executive branch. However, there is enough room for interpretation such that the case will have to be argued in the courts.
As far as the likely outcome of such a case is concerned, at the level of the Supreme Court the tendency of the Court, historically speaking, has been to give deference to the elected branches. However, as the President has made the penalty for failing to comply with the mandate the potential loss of employment, that will likely be viewed as going too far. Consequently, it is more likely than not that the President's mandate will be, at the end of a fairly lengthy process, struck down.
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1. The President cannot force people to take medication. That's between Dr. and the patient. Believe it or not, that Doctor/Patient privacy was settled with Roe v Wade!
2. He's denying people a choice on THEIR health. The Gov't is assuming ZERO liability for ANY and ALL negative side effects if you take the shot. The same with the pharmaceutical companies. YOU assume ALL the risks of the shots.
3. Once you take the shots, that's something permanently inside you. It violates the Nuremberg Code, that people need to take this voluntarily and to get completely informed of what they're getting. Coercion and forced vaccination makes Biden equal to Hitler when he used Jews for medical experimentation.
4. It's also a violation of US HIPPA laws to force you to disclose your health information.
Whomever cooked up this hateful idea - that the unvaxed need to be forced into taking the shots, needs to be strung up and let their carcass rot in the sun. Up until this point, no one forced anyone to take the shots. This is stupidity of the liberals. Total mental disorder.
Look up about what this covid actually is. This is a crime against humanity. They plotted this since you and I were just children. It is deliberate. A "virus" they actually allowed to do what it did, a "vaccine" they did to "remedy" the problem. This is not about protecting you and me from this virus. This is much more than that. This is about trying to stop people from having any connection with God. Anybody who got this vaccine will lose their ability to be connected in a spiritual matter. It is biotech. And all of the celebrities etc knew about it. All of them lied. Anybody who can read body language and hear what is going on can see where the lies are. They funded the lab that was "studying" that. And Sen, I forgot his name had literally helped brought that out of him. You can tell how much they keep bringing the guy up, and they again had this plot. People have no idea what they have just done to themselves. This is a nightmare.
I'm not 100% sure if it's constitutional or not, but I do think it's hypocritical of him to mandate citizens to take the shot while defending the illegal aliens they are allowing to stream into the US that are refusing it.
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The Constitution means whatever the US Supreme Court says it means.
In Jacobson v. Massachusetts, 197 U. S. 11 (1905). United States Supreme Court ruled to enforce state power against Henning Jacobson a pastor that did not want to be vaccinated. United States Supreme Court upheld the authority of states to enforce compulsory vaccination laws, that not violate the fourt Fourteenth Amendment.
"in every well ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations , as the safety of the general public may demand "and that" [real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own liberty], whether in respect of his person or his property, regardless of the injury that may be done to others. "
This close any debate about vaccines are against constitution.Yes, you have a right to bodily integrity.
Same argument different direction, is rape really against the constitution if there was a mandate that managers are allowed to have sex with their workers and are allowed to fire them otherwise? They'd have a choice wouldn't they? They can choose to seek another job or they can choose to have sex in front of their coworkers if the manager is into that stuff. After all they also keep publically trying to pressure the unvaccinated.
All this is perfectly legal if biden would say so and then all managers can have a lot of fun. Right? Of course not. The constitution exists exactly for this reason. Biden can mandate what he wants. Doesn't mean its legal or in effect.Last I checked the Gov as it stands today is already unConstitutional. They have way more control than was ever intended
No
Jacobson v. Massachusetts, 197 U. S. 11, was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that individual liberty is not absolute and is subject to the police power of the state.
Kinda in the same way you don't have freedom to be a drunk driver and potentially killing yourself and/or other people.The Constitution is SUPPOSED to guarantee our freedom! FORCING us to do shit we don't want to do strips away that freedom.
Nope, no more than seatbelt laws are, some laws are put in place for people who don't have enough commonsense to do the right thing.
His mandates do not say get the vaccine or go to jail.
He says to protect others ya can't work in certain places or values. People lose jobs for poor decisions made outside of work all the time, this is no different
Drunk driving or doing drugs eliminates you from certain jobs, just like not being vaccinated.
Same concept.Well, if anyone's interested, this article discusses what may be the relevant federal case law:
Jacobson case from 1905He overstepped his supposed authority a looooooong time ago.
If for no other reason, the Constitution states that any power not SPECIFICALLY assigned to the Federal government remains in the hands of the States!
Of course, there are the 1st, 4th, 5th, 6th and 8th Amendments. We don't even need to go THAT far, since biden has already done enough to be court-martialed and hung.The only thing that is really required is to get tested if you don't take the vaccine.
That makes sense, being that the risk is making your hole company collapse while some of your colleagues die.
Your life, your choice. Your colleagues life, not your choice to have an opinion on that.No it's not against the constitution.
Your rights aren't getting taken away. You have a right to not get the vaccine, but there will be consequences if you make that choice and you will have to live with those consequences.Our Civil and political rights are violated through genocide (Vaccines), torture, and arbitrary arrest. These violations often happen during times of war, and when a human rights violation intersects with the breaking of laws about armed conflict, it's known as a war crime. So he is using a virus as war.
Guns are going bye bye next.
Think I'm kiddingThere is no federal mandate. And anyone who posts that garbage here is lying and trying to start crap over nothing. I am employer. My employees will either wear a mask or get vaccinated.
Period.He cares for his people , for his country , he hates to see people are dying , i want you to go to an hospital and watch and hear patients with their kids and spouses dying in their arms sayin , I wish I had taken the vaccine then you come here talk to me constitution. Look at Other nations like Israel got their shots , do they have issues like us in usa? Our leader is trying to help his prople thats why he is a leader.
yes, it absolutely it is. but as we know from hitler alreay: in a "state of emergency", a constitution mostly doesn't matter.
even if this vaccine would be so fantastical that there were 0 side effects and 100% efficiency and would litterally make it impossible for the vaccined to get corona for the rest of their life. even then, it would be against the law to "force" (or coerce) someone to get it.No, it's not going against freedoms or the constitution. There are laws in place for prevention of a black plague like scenario during a deadly viral outbreak. It falls under protection of the country. People are just being idiots with no clue how science works or thinks a old book written by king james II to manipulate & control his people through the church, will cure them. Honestly i say leave it up to natural selection to get rid of them so we can have less brain dead idiocy in the world
Rights not enumerated by the Constitution are retained by the people. It does not state specifically that the government can make you get vaccinated but it is implied that people's bodies are not subject to invasion.
The government doesn't even listen to the Constitution anyway.
All I’ve heard about recently is the whole “fine for refusing to follow the mask mandate”. I mean, you’re still not forced to wear it but you’re gonna have to pay. And before you guys jump down my throat I’m not vaxxed but I still wear a mask.
No he isn't. Grow up and develop a brain, you jellyfish
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