Because it is not a power granted to the President absent Congressional authority, and in any case is not specifically granted to Washington at all. Thus, 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. He is acting without Congressional authorization - please note that the President cannot draft anyone absent Congressional authorization - and is assuming a power not specifically authorized under the Constitution in any event.
However, that said, 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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Well, there is no draft. Though the government maintains the right to use conscripts when they wish.
But this is is just an example of rational thought. The American Taliban doesn't engage in facts, logic, rational discussion, etc.
Get ready for war because that’s next a full out right war between the government and its people. People don’t think some of us won’t revolt? We’re already quitting our jobs and careers / mass exodus of jobs because we won’t comply. They can ban us from grocery stores , power off the lights , and whatever we have guns and there will be a full blown revolutionary war. Anyone who took these vaccines are in trouble any time health care workers are quitting.
And what about people who their doctor says they can't take it? If we follow your logic even in a draft some failed to make the standards and were sent home. Not punished just told they were what was needed.
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The 10th amendment reserves all power for states not specifically given to the federal government by the states, including the power to make laws relating to public health. The 14th amendment limits government policing powers and places a limit on that power to protect people's civil liberties. The constitution is the law of the land. Any law that violates the constitution is illegal. Therefore the federal government has no authority period. It doesn’t matter what you think, at the end of the day you are wrong. If the federal government wants to precede down that path, then they are in breach of contract. If they try to cross state lines and violate the rights of citizens of a particular state, they will be met with force by local national guard along with a well armed citizenry. Additional the federal government is a charter member to multiple international treaties and thus are bound by internal law to certain terms. As a Nuremberg Charter member it is centennial that all human subjects of medical trials are voluntary. Thus why you had to sign a waiver to get your experimental vaccine candidate. The federal government is also party to the Biological Weapons Convention. If they were to forcefully use a experimental vaccine candidate of biological nature (mRNA, DNA viral vector, protein sub-unit, etc.) against their own populous it would be considered a biological attack. The minimum sentence under international law is a life sentence and the death penalty is a more likely ruling. The federal government knows the rules and the penalties for violating those rules, they just talk big to try to pressure people into volunteering… They’re a paper tiger, a bag of hot air, they have no power so cut out the bullshit and eat a dick China. If you want to test us, come march on our state fat man and we’ll pile you and your friends up at the border.
It obviously doesn't; read the damn thirteenth amendment. The ruling of Arver vs United States was little more than "everyone else does it", and the sexual discrimination component was due to get it thrown out when it went before the Supreme Court last year, but the lawyer leading the charge was murdered and Biden pressed the Court to not hear the case "until Congress has the chance to resolve it" and they agreed- for now.
Also, battle slavery is tolerated because it exclusively affects the young- target EVERYBODY and you'll find out that no, people actually CARE when you're going to force them to take an experimental drug. That plus guns equals "ends badly". Hell, let it go to court- "vaccine" has a strict technical as well as legal definition, and while Trump could change what the laws say, he can't change a technical definition. The issue goes to court, the whole EUA would get thrown out.If they reinstate the draft, those who are chosen will be vaccinated, regardless. Don't want you to die before you can get shot or blown up. If the politicians would've stayed out of this and quit pushing most people who could get the shot would. Once you start telling someone they have to do something, they will get belligerent and fight every step. Just ask my wife, she's been telling me I gotta do stuff for years and I'll work twice as hard to not do it than it would take to just do it. But what fun would that be?
Why?
Bodily autonomy, the Universal Declaration of Human Rights, the Neuremberg Code (1947), and in the case of the USA the Constitution.
Anyone who tries to inject me or mine with a DNA altering bioweapon is going to die. They and whoever sent them.
I am one of millions of veterans who hold that view. Most veterans are completely opposed to conscription, too.
You are being lied to. Mainly Democrats are the ones who are stupid enough to believe the lies, as they are sleep walked into Auschwitz.Aren't you clever.
They can't draft women... even though men and women are the same (aren't they? Because on MSNBC they said "settled science" so...🤔) and they can't draft kids under 18 nor men over 35.
And, like Muhammad ali you could opt for a short prison sentence and still not go to war.
The Soviet government could, the Chinese government can, the Cuban and north Korean government can... but the US government cannot... legally.
You're as dumb as a Nazi guard.
"I was just obeying orders."Mr. Anonymous is not so anonymous you lucky I was having a slow day yesterday bad internet connection what happens when you were on vacation overseas hey everybody let's do the Amish on this guy just turned it back on him and where were you find him expose him for what he is. Communist sympathizer who is anti-religious and pretending to be well basically nothing people like you are the reason why you know what that's fine mr. Anonymous I told your ass you're not the anonymous have a nice day sweetie.
Because the court has already ruled that states have the right to force vaccination (at least for a disease with a much higher death rate than covid), and powers not enumerated to the federal government are reserved for the states.
This whole vaccine mandate is just Democrats showing everyone who is boss, and if you disagree with them, they will send men with guns to your home or place or business and shoot you.
They're just seeing who will give them trouble with the pandemic as an excuse. They are all ready calling antivaxxing the next form of drunk driving, although they dismiss that people who have the vaccine can still transmit the virus to others.What supreme court ruling was this, and how does it have anything to do with the selective service system?
If there was an existing supreme court ruling allowing for forced vaccination of the general population, it would've been invoked long ago, and the federal government wouldn't need to (falsely) rely on random agencies and misleading data to push a narrative.People who demand that the population be vaccinated against their will are fascists.
If people want to get it the shots that's perfectly fine. I also believe the same about the draft. It is wrong. And just because the Supreme Court may rule it legal, doesn't mean it's morally right. Such as slavery, the Supreme Court said that slavery was legal, but we know that they were morally wrong. Just as your argument is morally wrong.
We also know that there are people who are not able to get these shots because of some pre-existing conditions. And people who have gone through the covid sickness already have a much better natural immunity than those who have taken the vaccine from the studies coming out of countries like Israel, which happen to have one of the most advanced health care systems in the world. And yes I am aware that Israel required the vaccine. But America is not Israel. We must always let people have the choice about what they put into their bodies.The Italian government, that is the country where I live and of which I am a citizen, said that I cannot be enlisted even in the event of war (it was the penultimate year of compulsory conscription). The country's constitution makes it clear that vaccines can be made mandatory by law.
Regarding the case of forced conscription, when it existed everyone was required to be vaccinated, no one has ever complained or refused to be vaccinated. Until this nonsense came from the US.I don't think they should require you to do either of those things.
Or maybe not he are just wrong lol I don't know what logical fallacy it is but I bet this is one.
People had a HUGE problem with being forced to fight in a stupid war over communism in the jungle.They want me to fight for this country which has forsaken me and so many others in my shoes? Good luck getting me to march off to die to defend worthless, filthy, mega corporations CEOs and entitled adult children.
It's too bad you weren't around in the 1700s to tell the U. S. founding fathers how they should just follow King George's orders and stfu.
A draft is during a time of war. The current Supreme Court being referenced was a ruling was from 100 years ago. Which was a very different time. Many people did not have equal rights- woman, gays, blacks… it’s not going to hold up in court.
It's pretty unlikely for the draft to ever become active again. It would be political and economic suicide. The majority of people would probably protest it..
m33lad is a coward that chose to block me instead or presenting arguments. Anyone that at this point still doesn't take the vaccine after it has time to proven itself safe and effective is a moron. That includes @yofuknutz. Even more now that he just said Nazis are as bad as Jews.
No, they can’t. And even if they could, it doesn’t mean they should have that power. It just means it’s another power that need to be revoked from government.
If they can force you to get a vaccine then why not literally anything? What possible justification do you have to have for any freedom over your own life rather than being dominated by an authoritarian state?A gov that forces you to do either of those should be overthrown.
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