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??? Heart disease kills over 660,000 Americans every year. And virtually all of it is preventable. Again make your case that the Federal gvt can force citizens in the case of COVID, but not heart disease - for the General Welfare.1 in 500.....in a year and a half. A disease that is both airborne, contagious, and overwhelmingly preventable.
Heart Disease......has a tiny fraction of that rate of death, is neither airborne nor contagious, and has no vaccine.
Again, the factors you ignore are immense. Convincing judge to ignore what you do is going to be a tough sell.
Can OSHA tell a company their employees can't ride motorcycles or go skydiving? The fact is OSHA only has the authority to regulate business practices related to the safety of workplace procedures, not the individual choices of their employees that have nothing to do with those procedures.
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??? Heart disease kills over 660,000 Americans every year. And virtually all of it is preventable. Again make your case that the Federal gvt can force citizens in the case of COVID, but not heart disease - for the General Welfare.
So you are declaring that is the limit of the Federal gvt power under the COnstitution's General Welfare is that the threat to Americans is airborne, contagious, preventable with a vaccine and it has to kill at least 1 in 500 in a two year period.Nope. Being a black woman is neither airborne, contagious, nor preventable with a vaccine.
Nor does being a black woman kill 1 in 500 Americans in only 18 months.
Try again. You're raising strained metaphors to a bit of an art form.
Then why, pray tell, has it not yet been disbanded by court challenge?
Are you the very first to stumble upon this vast legal loophole, one so obvious and profound that no legal scholar, lawyer, or judge has ever discovered it.....save you?
Or, do you just have no idea what you're talking about again? Which do you think it is, Dunning-Kruger?
huh? yeah and the AG has argued a lot of cases for the US Govt, won some lost someWell, we've had a US Attorney General since 1789. What the hell are they waiting for?
1789. You know. The Founders. The guys who wrote the Constitution.
That is incomplete data, without knowing the numbers of asymptomatic people it is barely a rough estimate.Sorry, but the real survival numbers are 97.94% globally and 98.40% nationally. Much better numbers than initially, but undoubtedly in large part to Biden’s insistence on vaccination after Trump dropped the ball.
Johns Hopkins Coronavirus Resource Center
Forcing a vax onto the public for a disease that has a 99.95% recovery rate isn't in the interest of "public health"....It's in the interest of fascists getting their fascist on.A false equivalence with what? The opening post doesn't compare the ruling to anything.
And the ruling is super clear about State authority:
"It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health. "
And this proves your hilarious claim the US government has no police powers...how?huh? yeah and the AG has argued a lot of cases for the US Govt, won some lost some
I suspect many if not most antivaxers have had a painful rash (chapped butt) for years.There was this pastor in Cambridge, Massachusetts named Henning Jacobson who had a very bad reaction to a vaccine when he was an infant. He had a painful rash for years.
So when, in 1904, the Cambridge board of health mandated that everyone in Cambridge get a smallpox vaccine, Jacobson went into full blown anti-vaxxer mode and refused.
The penalty for not getting the vaccine was $5.00. About $140 in today's funny money.
Jacobson had also strongly urged his son not to get the smallpox vaccine, but there was an employer mandate and so his son got the shot. His son then suffered a painful reaction which kept his arm in a sling for six months.
The Anti-Vaccination Society backed Jacobson's cause all the way to the US Supreme Court.
Like modern day anti-vaxxers, Jacobson argued that vaccines CAUSE disease and he made other dubious claims.
The Court did not allow him to have his "experts" in this spurious bullshit argue before the court.
They ruled 7-2 against Jacobson. This decision was later affirmed by the Supreme Court in 1922, in Zucht v. King.
Jacobson v. Massachusetts, 197 U.S. 11 (1905)
Jacobson v. Massachusetts: A state may enact a compulsory vaccination law, since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. The legislature may exempt children from the law without violating the equal protection...supreme.justia.com
So you are declaring that is the limit of the Federal gvt power under the COnstitution's General Welfare is that the threat to Americans is airborne, contagious, preventable with a vaccine and it has to kill at least 1 in 500 in a two year period.
LOL Any precedent for your test?
Says who? There's you, citing yourself as a legal scholar.....and what else?It's simple, we live in a post constitutional country. The vast majority of the crap the feds have been allowed to get away with have zero constitutional authority and the courts have enabled it.
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The United States Constitution.I'm honestly curious about something. What precise mental phenomenon causes someone like you to be told that the federal government has no police powers and you swallow that and parrot it in direct contradiction to the screamingly obvious fact in front of your face that the feds DO have police powers?
I mean, this level of credulity actually frightens me. It does explain how Trump is able to spit in the faces of the rubes and lie prolifically without any fear that his followers will engage in even a second's worth of critical thinking.
But I honestly want to know how you are able to shut your brain entirely off like that.
TRUMP: The moon is made of White American cheese!
PARROTING RUBES: The moon is made of white American cheese!
REPORTER: You don't really believe the moon is made of cheese, do you Mr. President?
TRUMP: Well, a lot of people are saying it is.
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I just addressed that in my response to your post on that subject.And this proves your hilarious claim the US government has no police powers...how?
Do you not read your own cites?The United States Constitution.
Calling someone a Police, doesn't mean they have Police Powers...https://en.wikipedia.org/wiki/Police_power_(United_States_constitutional_law)
"The Constitution...withholdfrom Congress a plenary police power that would authorize enactment of every type of legislation"
United States v. Lopez"The regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce has always been the province of the States...[W]e can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime..
United States v. Morrison
The Federal Govts power is limited power...listed in Art 1 Sect 8 of the US Constitution. The problem here, is people like yourself that have such a limited, well...that's too much...zero knowledge of how our Govt works, or what we are even talking about.
It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited
If the mandate applied to every business, every institution, every organization, every one, equally, sure. . . your cite might be applicable, and this might actually be about the virus and the disease.
View attachment 539788
But. . . as it doesn't? And it is clearly treating some, better than others, giving some freedom of choice, and putting others in chains, it violates the 14th, and is thus, not about the virus, the disease, or vaccines.
It has become transparently a lie.
It is about profit, control, and power.
Regardless of how the courts rule, this is the truth.
EQUAL PROTECTION OF THE LAWS
Scope and Application
State Action.
EQUAL PROTECTION OF THE LAWS
Says who? There's you, citing yourself as a legal scholar.....and what else?
If your entire argument is us accepting your personal opinion as binding legal precedent, you're going to be disappointed. As no one does that.
Also, what possible relevance does your personal opinion have with any legal outcome? I've never read a legal ruling that cited you, nor ever seen you issue such a ruling, never seen a law you've written, or seen you even offer relevant commentary of likely legal outcomes.
And with your 'post constitutional' gibberings, you seem to be conceding the irrelevance of your perspective on any legal outcomes.
The worst thing that ever happened to. The SC was precidence over constitutional. Just because someone fuck it up before is no reason to stay with it.That is the key difference. However, I am sure that if a federal mandate comes before the Supremes, they will refer to Jacobson and Zuch for guidance.
From Jacobson: While the exclusion of evidence in the state court in a case involving the constitutionality of a state statute may not strictly present a Federal question, this court may consider the rejection of such evidence upon the ground of incompetency or immateriality under the statute as showing its scope and meaning in the opinion of the state court.
Try quoting Madison to support your argument. I've got Federalist 78 right here if you'd like to discuss the judiciary's authority to interpret the constitution.Nope, try researching what Madison said in federalist 46.
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I see those were changed. . . thanks.Who says that Pfizer and Moderna are exempt from the vaccine mandate?
