Congress needs to weigh in on the issue.
Otherwise we are no longer a constitutional republic with separation of powers.
Link to that thread
https://freerepublic.com/focus/f-news/3995333/posts
Link in comment #1 of the above thread:
https://freerepublic.com/focus/f-news/3995009/posts
Comment #1 in this thread
https://freerepublic.com/focus/f-news/3995333/posts
:
I agree, that if Bidet uses OSHA and not the legislative process to implement forced shots, the legal case will turn on whether or not such a sweeping “emergency” mandate, that is not limited in time, (can) be authorized by the president without explicit legislation by Congress.
But let’s at least state for the record, that OSHA shouldn’t even exist...thanks Nixon.
1 posted on 9/15/2021, 10:44:36 PM by DoodleBob
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And the first few comments:
To: DoodleBob
“Article I
Section 8
The Congress shall have the power to...regulate commerce with foreign nation, and among the several states, and with the Indian tribes....
Section 9
The migration or importation of such persons as any of of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808.”
Section 9 is an undisputable indication of the intended scope of the commerce clause. Congress was not intended to have the power to set the labor conditions on a tobacco plantation or any other workplace. Congress never had the power to require slaves to have a 40-hour work week or $15/hour pay at a minimum.
2 posted on 9/15/2021, 11:07:24 PM by Brian Griffin ( )
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To: DoodleBob
IMO Congress can not delegate its Article 8 powers to the executive branch.
The role of the executive branch should at most be to clarify the law set by Congress.
3 posted on 9/15/2021, 11:12:39 PM by Brian Griffin ( )
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To: Brian Griffin
I agree. You’d need an Amendment.
4 posted on 9/15/2021, 11:19:51 PM by DoodleBob (Gravity’s waiting period is about 9.8 m/s^2)
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To: DoodleBob
Does Congress have the power to require women and men to work in different but equally spacious and equipped offices?
No!
5 posted on 9/15/2021, 11:22:24 PM by Brian Griffin ( )
To: DoodleBob
“The Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that every employer covered under the Act furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
https://www.osha.gov/laws-regs/regulations/standardnumber/1903/1903.1
Ms. Covid Vaccine Holdout works for Big Bank, with 3000 employees, at its Smalltown branch along with one other employee, who was fully vaccinated against Covid.
Is that other employee likely to suffer death or serious physical harm if Ms. Covid Vaccine Holdout continues working at that branch, Secretary Walsh?
Is it not true that your vaccination mandate is too broad, Secretary Walsh?
6 posted on 9/15/2021, 11:38:05 PM by Brian Griffin ( )
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To: Brian Griffin
Causing or likely to cause death or serious physical harm. 78% of the deaths from the coof, according to the CDC, are, IIRC, among those over age 65. Since the overall death rate is only 0.3%, (three-tenths of ONE percent) the risk to those under 65 is roughly 1/16 of one percent.
That’s not “likely”. And if they go that route, start pushing them on invasive testing for AIDS, tuberculosis, and Dutch Elm Disease.
9 posted on 9/16/2021, 12:29:24 AM by grey_whiskers ((The opinions are solely those of the author and are subject to change with out notice.))
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To: Brian Griffin
Then Congress can’t require different treatment for vaxed and unvaxed.
12 posted on 9/16/2021, 7:25:28 AM by WildHighlander57 ((WildHighlander57 returning after lurking since 2000) )
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To: Brian Griffin
And vaxxed and unvaxxed can’t have “separate but equal” facilities.
13 posted on 9/16/2021, 7:35:55 AM by WildHighlander57 ((WildHighlander57 returning after lurking since 2000) )
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Of course...
Nothing further. I think I have ranted quite enough on the Commerce Clause in the past.