Da Techguy's (no longer backup) Blog

Joe Biden, the illegitimate president of the United States, issued his federal vaccine mandate last week.  The actual text proved to be just as tyrannical, unscientific, and unconstitutional, as we’ve all been led to expect.   It is impossible to fully chronicle all of the ways this egregiously oppressive mandate violates the Constitution of the United States in anything short of a book.  In this article I will concentrate on the most important few.

I am far from alone when ot comes to individuals and accurate news sites documenting the ways that Biden’s vaccine mandate violates the US Constitution.  Check out this article, Mark Levin: Vaccine Mandate ‘Unconstitutional’ — ‘Federal Government Doesn’t Have Plenary Police Powers — The States Do’, from one of the most accurate constitutional scholars I’ve encountered.

LEVIN: What’s happening throughout this country — listening to those wonderful patriots there — is that the government is weeding out people who just don’t go along with authoritarianism. They’re weeding out people through these vaccine mandates. Many people who have the natural immunity, they’re going to be fired with an unconstitutional legal mandate from Joe Biden. The federal government doesn’t have plenary police powers. The states do.

And OSHA has no statutory authority, that is the Labor Department, over vaccines. If any department did and they don’t, it would be HHS. And notice they didn’t issue any regulation. So this will be defeated. But it’s the mentality, it’s the totalitarian mentality.

Mark Levin is absolutely correct when he states that the Federal government does not have the authority to issue this vaccine mandate, or any type of mandate.  He is also correct that the individual states may have the authority under our constitutional system, the deciding factor would be the constitution of each state. 

The United States Constitution did not create an all powerful national government, which has complete control over the states.  Instead the Constitution created a mostly federal government where the states are generally sovereign nations, tied together by a weak central government. 

The federal government is only granted a discreet set of clearly defined powers, which are plainly spelled out, or enumerated, in the Constitution.  All of the powers granted to the federal government are listed in Article 1 Section 8 of the Constitution, in the section titled Powers of Congress.  All powers not granted to federal government, and not specifically denied to the states in Article 1 Section 10, remain with the individual states.  This is discussed in great detail in Federalist Paper Number 45 by James Madison

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. The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security.

OSHA should not exist at all because the United States Constitution does not grant the federal government the power to regulate businesses in any way.  The federal government granted itself that power by distorting the plain text of the Interstate Commerce Clause, which only grants the federal government the authority to regulate the large scale flow of commerce between the individual states, not the commerce inside of each state.  Since OSHA should not exist, it does not have the authority to issue a vaccine mandate.  As you can see from Article 1 Section 8, Congress is not granted the authority to issue vaccine mandates, therefore the federal government does not have the power to do so. 

The United States Constitution granted each branch of the federal government separate and discrete powers.  The Legislative Branch rights laws, the Executive branch executes laws, and the Judiical Branch interprets laws.  In Federalist Paper Number 47 James Madison commented on dangers of the branches of the federal government ignoring the separation of powers

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny. 

In the legislation that created OSHA, or any subsequent legislation, that unconstitutional body is not granted the authority to mandate vaccines.  Joe Biden is violating the separation of powers by rewriting the OSHA laws to grant that body the authority to do so.

The Kentucky Resolutions draft by Thomas Jefferson. written in 1798, is a fantastic resource for understanding the United States Constitution.  In section 1, Jefferson discusses the relationship between powers granted to federal government versus powers retained by the states. He also mentions clearly what happens when the federal government oversteps its authority.

Resolved_, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

In Section 9 Jefferson laws out the best method for states to deal with unconstitutional usurpations by the federal government.  It is called Nullification, which the states can do themselves, completely independent of the Supreme Court, which has abandoned the Constitution many decades ago.

Resolved_, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the legislatures of the several States; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their late federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: