A National Emergency, under the Stafford Act: GOOD-BYE BILL OF RIGHTS and HELLO MANDATORY VACCINATIONS
October 24, 2009 at 6:43 pm (
Uncategorized)
by Stephanie S. Jasky, Founder, Director
www.fedupusa.org
What does this mean for YOU? It means the Federal Government has just declared its right to revoke the Bill of Rights:
A National Emergency, under the Stafford Act:
Quote:
With respect to the current outbreak, the Public Health Emergency Fund is available (but is currently unfunded) 17 and Emergency Use Authorizations have been granted by FDA.18 However, the Secretary’s waiver and modification authority has not been activated because there is no concurrent presidential declaration under either the Stafford Act or the National Emergencies Act.
(comment: report published in May 2009)
So declaring this emergency doesn’t really make more funds available. They don’t EXIST! So, that’s not the reason……
Quote:
A presidential declaration under the Stafford Act triggers federal emergency authorities that are independent of the Secretary’s public health emergency authorities. Declarations under the Stafford Act fall into two categories: emergency declarations and major disaster declarations. As of this point in time, there have been no Stafford Act declarations pertaining to the current influenza A(H1N1) virus outbreak. A presidential emergency declaration under the Stafford Act authorizes the President to direct federal agencies to support state and local emergency assistance activities; coordinate disaster relief provided by federal and non-federal organizations; provide technical and advisory assistance to state and local governments; provide emergency assistance through federal agencies; remove debris through grants to state and local governments; provide assistance to individuals and households for temporary housing and uninsured personal needs; and assist state and local governments in the distribution of medicine, food, and consumables.
19 The total amount of assistance available is limited in an emergency declaration to $5 million, “unless the President determines that there is a continuing need; Congress must be notified if the $5 million ceiling is breached.
Source: Document prepared for Congress in May, 2009:
http://assets.opencrs.com/rpts/R40560_20090506.pdf
Now, we’re getting down to the real reasons….
Further of interest from this document:
Quote:
A major disaster declaration authorizes the President to offer all the assistance authorized under an emergency declaration, and further authorizes funds for the repair and restoration of federal facilities, unemployment assistance, emergency grants to assist low-income migrant and seasonal farm workers, food coupons and distribution, relocation assistance, crisis counseling assistance and training, community disaster loans, emergency communications, and emergency public transportation.23 Additionally, the total amount of assistance provided in a major disaster declaration is not subject to a ceiling in the same way as under an emergency declaration.
And here is the money quote:
Quote:
The Public Health Service Act and the Stafford Act contain authorities that
allow the Secretary of Health and Human Services and the President, respectively, to take certain actions during emergencies or disasters. While the primary authority for quarantine and isolation in the United States resides at the state level, the federal government has jurisdiction over interstate and border quarantine. Border entry and border closing issues may arise in the context of measures designed to keep individuals who have, or may have, influenza A(H1N1) from crossing U.S. borders. Aliens with the H1N1 virus can be denied entry, but American citizens cannot be excluded from the United States solely because of a communicable disease, although they may be quarantined or isolated at the border for health reasons. Airlines have considerable discretion to implement travel restrictions relating to the safety and/or security of flights and other passengers and crew. In addition, the federal government has broad legal authority to regulate and control the navigable airspace of the United States in dealing with incidents involving communicable diseases. States have authority to initiate other emergency measures such as MANDATORY VACCINATION ORDERS and certain nonpharmaceutical interventions such as school closures, which may lessen the spread of an infectious disease. The International Health Regulations adopted by the World Health Organization in 2005 provide a framework for international cooperation against infectious disease threats.
The use of these emergency measures to contain the influenza A(H1N1) virus outbreak may raise a classic civil rights issue: to what extent can an individual’s liberty be curtailed to advance the common good? The U.S. Constitution and federal civil rights laws provide for individual due process and equal protection rights as well as a right to privacy, but these rights are balanced against the needs of the community.
And there you have it, in black and white. I make no determination as to whether H1N1A is truly the public threat they are presenting, although there have been deaths of children at a concerning rate, even here in Michigan – the fact is, the Stafford Act allows the Federal Government to strip away all your rights. While this National Emergency is in effect, this gives the Federal Government carte blanche to use this declaration for whatever it pleases. Rights have been now officially suspended.
