Thread: 6th Circuit used Humpty-Dumpty theory of language to allow Biden's vaccine mandate

.
Two members of a three-panel 6th Circuit Court of Appeals RULING applied the Humpty-Dumpty theory of language to the meaning regulating commerce among the states, in letting stand the Biden Administration's vaccine mandate.


“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean- neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master-that’s all.”

And here we are today, two members on the 6th Circuit pretending Congress’ power to regulate commerce among the States grants a sweeping authority to our federal government to enter the States and threaten business owners therein, under penalty of a fine, to force their employees to be injected with a foreign substance.

Keep in mind, there is no reason for “We the People” to have a written constitution, if “We the People” do not even know how to use our Constitution or what it means.

SO, WHAT IS THE MEANING OF “COMMERCE” AS THE WORD IS FOUND IN OUR CONSTITUTION?

(NOTE: "Words or terms used in a Constitution, being dependent on ratification by the people voting upon it, must be understood in the sense most obvious to the common understanding at the time of its adoption,” (11 Am Jur, Constitutional Law, § 65, pp 680, 681.)

After documenting from historical records, the meaning of commerce as understood during the time period our constitution was being framed and ratified, our very own Supreme Court summarized it to mean:

”Agriculture and manufacturing involve the production of goods; commerce encompasses traffic in such articles.” See: U.S. vs. Lopez, 1995

It appears only too clear from the meaning of “commerce” as used during the time period our Constitution was being framed and ratified, that the power in question was intended by We the People to apply to trade and transportation of merchandise which took place “among the States” as distinguished from the same activity which occurred within a State’s borders!

Now that we understand the textual meaning of the word “commerce” as it appears within our Constitution and summarized by our Supreme Court, we must also answer the question of what was the People’s intended purpose for which Congress was granted power to regulate commerce among the States?

WHAT IS THE PURPOSE FOR GRANTING CONGRESS REGULATORY POWER OVER COMMERCE AMONG THE STATES?

One purpose for which Congress was granted power to regulate commerce among the states is found in Art. 1, Sec. 9 of our Constitution.

“No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.”

A primary intention for which the power to “regulate commerce” was granted was to guarantee free trade among the States and this is documented in Federalist Paper No. 42:

“A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.”

The power to regulate commerce among the states was in fact intended to prevent one state from taxing another State’s goods as they passed through its borders or interfering with the movement of such goods.

Additionally, as previously pointed out, the power to regulate commerce also grants an oversight to Congress in a specific and clearly identified area__ a State‘s inspection laws:

“No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.”

It is sheer insanity, or an intentional act of tyranny, to even suggest the State Delegates to the Convention of 1787 which framed our Constitution, or the State Legislatures when ratifying the Constitution, intended by the power in question, to be delegating authority to Congress to enter the various States and threaten business owners therein, under penalty of a fine, to force their employees to be injected with a foreign substance.

What we are now talking about is the separation of powers between our federal government and the various State Governments, intentionally built into our Constitution, are were succinctly summarized by Madison as follows:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State." ___ Federlist No. 45

Additionally, the Tenth Amendment was specifically adopted to prevent a ”misconstruction or abuse” of the powers delegated to our newly formed federal government!

“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.”

Allowing an unelected body [OSHA] to exercise legislative, executive and judicial powers ___ which is what is being advocated under the Biden Administration’s vaccine mandate, is the very definition of tyranny!

”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [OSHA] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

The bottom line is, “We, the People” have allowed our constitution to be dismantled, inch by inch, by a tyrannical Supreme Court and domestic enemies who want to impose an iron fisted government upon the people as done in Cuba, China, and other such countries. But we certainly were warned about this very possibility:

"When a free people submit to oppressive acts, passed in violation of their constitution, for a single day, they have thrown down the palladium of their liberty. Submit to despotism for an hour and you concede the principle. John Adams said, in 1775, Nip the shoots of arbitrary power in the bud. It is the only thing a people determined to be free can do. Republics have often failed, and have been succeeded by the most revolting despotisms; and always it was the voice of timidity, cowardice, or false leaders counseling submission, that led to the final downfall of freedom. It was the cowardice and treachery of the Senate of Rome that allowed the usurper to gain power, inch by inch, to overthrow the Republic. The history of the downfall of Republics is the same in all ages. The first inch that is yielded to despotism __ the first blow, dealt at the Constitution, that is not resisted is the beginning of the end of the nation’s ruin." ___ The Old Guard, a monthly journal devoted to the principles of 1776 and 1787.

JWK

At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results and as Benjamin Franklin emerged from the long task now finished asked him directly, Well, Doctor, what have we got? A republic or a monarchy?' A republic, if you can keep it,’ responded Franklin.

See FEDERAL JUDGE IN TEXAS HALTS BIDEN’S VAX AND MASK MANDATES


Here is a LINK to the order! December 31, 2021

The Court writes:

"It is undisputed that an agency cannot act without Congressional authorization. Thus, the question here is whether Congress authorized HHS to impose these requirements. HHS claims that the mandates are authorized as “program performance standards” related to: “administrative and financial management,” “the condition . . . of facilities,” or “such other standards” the agency “finds to be appropriate.” Texas and the Lubbock Independent School District argue that the Act does not authorize such mandates, that irreparable injury would result from them, that HHS failed to comply with the Administrative Procedure Act in adopting the conditions, and that the mandates violate various Constitutional doctrines. They seek an injunction to bar the mandates’ enforcement. Because the Court concludes that there is a substantial likelihood that the mandates do not fit within the Head Start Act’s authorizing text, that HHS failed to follow the APA in promulgating the mandates, and that the mandates are arbitrary and capricious, the Court preliminarily enjoins their enforcement in Texas"

The ruling applies to HHS attempting to impose vaccine mandates under the Administrative Procedure Act.

JWK

They are not “liberals”. They Socialist Revolutionaries, the kind who took over Cuba, and they have no intention to adhere to our written Constitution and its documented legislative intent which gives context to its text.

.
I am still anxiously awaiting for someone to explain, where in the Constitution has our federal government been delegated a power to enter the states and threaten business owners therein with a fine if they do not force their employees to be inoculated with a foreign substance?

Seems to me that Madison’s summary of the constitutionally articulated division of powers between the states and those of the federal government do not allow our federal government such latitude as explained by him in Federalist No. 45:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

Additionally, the Tenth Amendment declares in crystal clear language:

“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.”

And this brings us to the bottom-line question:

Where in the Constitution has such an invasive power ___ one which intrudes upon the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State ___ been delegated to our federal government?

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

See: Judge Sides with US Navy SEALs Challenging Biden Admin, DoD Vaccine Mandate | CBN News

01-03-2022

"In Monday's order, U.S. District Judge Reed O'Connor said, "The Navy service members, in this case, seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment. There is no military exclusion from our Constitution."


JWK

They are not “liberals”. They Socialist Revolutionaries, the kind who took over Cuba, and they have no intention to adhere to our written Constitution and its documented legislative intent which gives context to its text.

.
See Judge strikes down President Joe Biden's vaccine mandate

JAN 2, 2022

"A federal judge has ruled that President Joe Biden cannot require teachers in the federal Head Start early education program to be vaccinated against COVID. Meanwhile, the Omicron variant surges through America, as daily cases surpass 386,000."


And, with regard to the Omicron variant see: One person in the US may have died from Omicron




The bottom line is, it's time to learn to live with the outbreak and return to our normal daily lives.


JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.