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  1. #1
    Senior Member johnwk's Avatar
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    The rule of law and OHSA’s unconstitutional vaccine mandate

    Where in the Constitution has our federal government been delegated a power to enter the states and compel business owners therein to force their employees to be inoculated with a foreign substance, and one they do not want injected into their body?

    Seems to me that Hamilton’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 whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

  2. #2
    Senior Member johnwk's Avatar
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    S.C. will finally hear arguments dealing with Biden's vaccine mandates

    .

    .
    See: Supreme Court to hear oral arguments on challenges to Biden vaccine mandates

    12/22/21


    "The Court announced Wednesday it will hear oral arguments challenging both Biden's vaccine mandate for businesses with over 100 employees and for healthcare workers at facilities receiving Medicaid and Medicare funding."

    Hopefully the lawyers challenging these vaccine mandates will invoke the fundamental and guaranteed right of American citizens' liberty to make their own medical decisions and choices, and their right to due process, which in this case requires the protection of "strict scrutiny" when a government act infringes upon a fundamental right.

    Additionally, hopefully these lawyers will also invoke the Tenth Amendment, which prohibits the federal government entering the states and meddling in their internal affairs.

    Seems to me that Hamilton’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."


    JWK

    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.

    .

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