1973, $5, 100% discussed on Dan O'Donnell


Able to design their lives in a way that they can determine their own futures. We are a stronger democracy, and we are a stronger nation. When people are able to make a choice. This Without government interference. For themselves in terms of their well being and the well being of their family in consultation with whomever they may choose. We are stronger society. Irony is the federal government making an unconstitutional public health order. On the exact same day, the federal government sued the state of Texas, claiming that it had enacted an unconstitutional public health law. Irony is an entire political movement whose slogan is my body, My choice, applauding President Biden for issuing a new rule that requires nearly a third of the U. S population to get a covid 19 vaccine. Or face mandatory screenings now. Almost immediately after President Biden made that announcement last evening, more than a dozen states as well as the Republican National Committee announced plans to sue the Biden administration. Over this mandate, and on ironically They're almost certain to win. Biden's mandate is plainly unlawful and plainly unconstitutional because it amounts to an arbitrary and capricious application of the Labor Department's rulemaking power. Now popular belief indicates that government mandates for vaccines have been constitutional. Ever since the United States Supreme Court way back in 19 Oh, five upheld one in the landmark decision. Jacobson v. Massachusetts. However, the Biden administration clearly does not believe that the authority to mandate vaccines extends to the federal government. If it did, he would have simply ordered a vaccine mandate, ordering every single American who's eligible to get the vaccine to get the vaccine. He didn't do so. Almost as significantly, there has not yet been a single state, not California. Not Oregon, not New York, not Illinois, Not any state. Even with the most liberal of governors who has mandated a vaccine. This is significant because it indicates that none of these leaders believe that the government has the power to mandate vaccines. Now the fact that none of them had is very, very telling, especially Biden because it would seem on its face that Jacobson gives governments the authority to impose vaccine mandates. In Jacobson, the plaintiff man by the name of Henning Jacobson, an immigrant refused to comply with a smallpox vaccine mandate that the Commonwealth of Massachusetts Had set up because quote he had been caused great and extreme suffering for a long period by a disease produced by vaccination. When he was a child in his native country. Now the state fined him $5, which is about the equivalent of $150 today for his refusal. He sued. The Supreme Court held that Massachusetts his vaccine mandate was in fact constitutional because, as it held 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 Now, 17. Years later, Jacobson v. Massachusetts formed the basis for the court's ruling. In another case called Sucked the King. That ruling was that the San Antonio public school system could deny admission to a student who wasn't vaccinated. In its ruling, the court there held that Jacobson quote had settled that it is within the police power of a state to provide for compulsory vaccination. Pretty cut and dry, right? Not exactly five years after that ruling in Zuk The Supreme Court used the Jacobson holding To uphold eugenics in an effort to prevent the feeble minded from passing on their supposedly defective genes in Virginia in 1924, the state passed the law that allowed the mentally disabled to be forcibly sterilized for the protection. And health of the state. Justice Oliver Wendell Holmes, one of the most famous Supreme Court justices in history, reason that if a state can mandate vaccination For the good of society for the health of society. Then why can't it mandate sterilization for an equally noble goal? He wrote. It is better for all the world if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility. Society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting. The fallopian tubes. Now. Fortunately, subsequent Supreme Court decisions as well as the Americans with Disabilities Act, rid the nation of this horrible idea that forced sterilization is somehow acceptable. But what this does, in a broader sense is prove that Jacobson v. Massachusetts is not the ironclad defense of mandatory vaccines that its supporters seem to think it is. In upholding the forced vaccination or forced injection of a prison inmate with an anti psychotic medication because he was a clear danger to himself, his fellow inmates and prison guards in Washington v. Harper in 1990. The court did note that the forcible injection of medication into a non consenting persons body represents a substantial interference with that person's Liberty. Now, these sorts of concerns just would not taken into consideration when Jacobson v. Massachusetts was decided this came during an era before Supreme Court decisions found that people could purchase contraceptives. That people could marry those from a different race and that people Could get abortions in 1973. This notion of bodily autonomy and the right of the individual to have privacy of the affairs of his or her person reached its zenith with Roe v. Wade that held that this right to privacy precluded a state From infringing on a woman's ability to have an abortion in the first trimester. Now, here in lies the ultimate irony of Biden's vaccine mandate. He opposes an individual's right to a medical decision that he claims put others at risk of death, yet firmly supports the individual's right to a medical decision that is 100% fatal. To another human being. Now Biden is either too dense or too demagogic or more likely both to see the inherent contradiction in his world view. But he's never nevertheless convinced that a blanket mandate for vaccines from the federal government would be unconstitutional if he wasn't so convinced he would have issued such a mandate. Months ago. Instead, he thinks he can get around the annoyance of the United States Constitution through a Labor Department rule that forces large private businesses to either require their employees to be vaccinated or to test them at least once a week..

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