One View Of Why the Biden COVID-19 Vaccine Mandate is Unconstitutional
Posted by freedomforall 2 years, 8 months ago to Politics
Excerpt:
"The legality of the vaccine mandate will be assessed under what is called the major rules doctrine (also known as the major questions doctrine). Under this doctrine, the courts look to (1) whether the agency action is a major rule; and (2) whether Congress has clearly authorized the agency action.
As Justice Scalia stated in 2014, “We expect congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
From here we turn to the first question of the major rules doctrine: there is zero doubt that it is a major rule. It would affect the healthcare decisions – and implicate the personal autonomy – of “some 80 million private sector workers.” It is an action never before taken by OSHA, the Department of Labor, and any other federal agency. It would affect the entire US economy.
In support of my position, we have seen lesser invasive agency rules be determined to be major rules. For example, “rate-regulations” of telephone companies has been held to be a major rule. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994).
From there we get to the second question: whether Congress has clearly authorized the Department of Labor/OSHA to mandate vaccines. The answer is no.
If Congress clearly authorized (not just authorized, but clearly authorized) Labor/OSHA to mandate vaccines, then we would have seen such authority in the OSH Act of 1970. Look for yourself – the language isn’t there. Instead, there are general grants of authority to “set mandatory occupational safety and health standards.”
Looking to the history of OSHA, this authority has been understood to regulate employer actions to provide a safe workplace (Benzene limits) or employee actions at work (operation of heavy equipment). The OSH Act has never been understood historically to include mandatory vaccinations. This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate."
"The legality of the vaccine mandate will be assessed under what is called the major rules doctrine (also known as the major questions doctrine). Under this doctrine, the courts look to (1) whether the agency action is a major rule; and (2) whether Congress has clearly authorized the agency action.
As Justice Scalia stated in 2014, “We expect congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
From here we turn to the first question of the major rules doctrine: there is zero doubt that it is a major rule. It would affect the healthcare decisions – and implicate the personal autonomy – of “some 80 million private sector workers.” It is an action never before taken by OSHA, the Department of Labor, and any other federal agency. It would affect the entire US economy.
In support of my position, we have seen lesser invasive agency rules be determined to be major rules. For example, “rate-regulations” of telephone companies has been held to be a major rule. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994).
From there we get to the second question: whether Congress has clearly authorized the Department of Labor/OSHA to mandate vaccines. The answer is no.
If Congress clearly authorized (not just authorized, but clearly authorized) Labor/OSHA to mandate vaccines, then we would have seen such authority in the OSH Act of 1970. Look for yourself – the language isn’t there. Instead, there are general grants of authority to “set mandatory occupational safety and health standards.”
Looking to the history of OSHA, this authority has been understood to regulate employer actions to provide a safe workplace (Benzene limits) or employee actions at work (operation of heavy equipment). The OSH Act has never been understood historically to include mandatory vaccinations. This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate."
I highly recommend The Way of Life as a purchase. Copies are still wide spread. If you are to PM me I can send a PDF I downloaded from a source before it went dark. I usually buy 10 copies at a time as I always find folks ready for gentle, clear, reflective philosophy.
I'm guessing he was in at 250k to my 100k. He doesn't like me any more.
I was looking at less than a year to go. Run up their legal bills. Delay, Stall, then retire...
For most of the US population the development of secondary lifestyle, in order to retreat from such situation, has not been developed. I began my "retreat" in 2017 and now find myself in a fully functional "Gulch". Every day at least two "parties" within my consortium are interactive on future endeavor without the present day attachment to our historical human "comforts". Between this morning's post and now we've processed 40 meat chickens, made plans to diversify 5 different mushroom growing locations, made plans to trade excess harvest for excess harvest and to see who may need additional hands for projects over the next 4 weeks.
We've gone Amish, minus religion. We trade in equitable mortal relations.....and we pretend we are rats waiting for the human trials to be over.
Bynner translation from Tao te ching published in 1944. Poem 57
A realm is governed by ordinary acts,
A battle is governed by extraordinary acts;
The world is governed by no acts at all.
And how do I know?
This is how I know.
Act after act prohibits
Everything but poverty,
Weapon after weapon conquers
Everything but chaos,
Business after business provides
A craze of waste,
Law after law breeds
A multitude of thieves.
Therefore a sensible man says:
If I keep from meddling with people, they take care of themselves,
If I keep from commanding people, they behave themselves,
If I keep from preaching at people, they improve themselves,
If I keep from imposing on people, they become themselves
Reminds me of John Wayne's line from The Shootist: I won't be lied to. I won't be disrespected, and I won't be laid a hand upon. I don't do these things to others and I expect they won't be done to me.
And I've already seen people die because of the vaccine. My wife's HS friend (40-yr old mother of two), my father-in-law's buddy (60-yr-old head of SAR team), and my sister-in-law almost died. I have zero desire to get that stuff injected into me and if someone tried it I'd quite frankly claim attempted murder.
This is not the only area of Executive Department overreach. They are legion. We have to keep watching and protesting.
If you can make it to FEB. It will be obvious that this vaxx is to be avoided...
https://twitter.com/clif_high/status/...
With Graphs like that. You can see why making it mandatory is required.
I can't find the email I received on resistance to such a foolish employer, but I think it was from Gab or from Frontline Doctors. Maybe someone else here can recall.
OTOH, you may have skills that a more intelligent employer would appreciate and this is an opportunity for you.
For one, I would make the company sign on that they will assume my medical and health care costs for 20 years, should I experience any issues with the vaccine, and if my death results, they will be a reasonable $500k to my family.
Also, how can they mandate an UN APPROVED vaccine? (The approved one IS NOT AVAILABLE for 2 more years). I would also suggest the contract include such phrasing, that only a suitable, FULLY APPROVED vaccine, that has gone RCT is acceptable.
And if they want me tested, AGAIN, they cover all damages if any occur, and THEY must pay for all of the testing. It must be done on WORK HOURS WHILE I AM BEING PAID. Including any travel time.
My plan all along was to retire next June; I told management about three months ago that they would only have me to kick around for another year. But since that time, that same management has made two rules, both of which affect me.
First, nobody who was working full time in an office pre-pandemic will be allowed to continue to work full time remotely. Which means they expect me to return to the office. Second, we will be required to show proof of vaccination to be (in their words) "given permission to enter the building".
So if they do mandate vaccinations or regular testing like the dictator wannabe has commanded, I am likely to go tell them to do something to themselves that is anatomically impossible. Because I refuse to get vaccinated, they will not be letting me back in the office; since I will never see any of these buttwipes ever again face-to-face, there is no logical reason for me to either get jabbed or get tested.
Who knows: If they try to force me to either get vaccinated or agree to regular testing under this set of circumstances, that may be all the incentive I need to tell them to kiss my ass at the end of 2021.
Ain't gonna make my wife happy if I do that, but at some point in our lives, we all have to make stand. We all reach a point where we draw a line and simply say "I'm not crossing that line. Do with me what you will."
Load more comments...