Posted on 11/06/2021 8:01:05 AM PDT by Enlightened1
“OSHA decided C19 is a grave workplace hazard.
The government is vile. This isn’t mere stupidity, this is abuse.”
According to OSHA, on Nov 4:
WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a new emergency temporary standard to protect more than 84 million workers from the spread of the coronavirus on the job. The nation’s unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.
Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.”
https://www.osha.gov/news/newsreleases/national/11042021
Problems with this is that they are not requiring employees to be vaccinated, just tested. That may be fine, but what they are saying is that you don’t have to be vaccinated if you are wearing a mask and you can continue to work. So the only step left is threatening the employment without a vaccination after the allotted time to determine if the employee is positive while he is working. And that is already being openly challenged by the states in lawsuits and North Carolina where their governor has already told the feds to go fly a kite and stay out of state business. OSHA has only the job to enforce minimum federal standards but cannot over rule states’ rights.
According to the 10th Amendment to the Constitution:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
wy69
The vaccinated should have to get weekly testing as well. Because we all know you can get CV even though vaccinated.
And THIS will be their next hurrah. Just wait.
And the sheeple will happily comply.
The fundamental problem with OSHA stepping in, is this is way out of their lane and purview. Has nothing to do with sttes rights - which the feds stomp all over, endorsed by federal judges. With respect to OSHA, some states run their own worplace safety agency - this has to be as or more strict than OSHA. The state gets its way only with OSHA permission. Bit of a side track there.
OSHA is workplace safety, not public health. OSHA is playing word games, which is what government, courts are all about.
I do agree that the rules is vax or weekly test, so not literally a vax mandate.
10th amendment is toothless against a judiciary hostile to state and personal rights. I don’t know of a single case (since the 1930’s) decided in states favor on 10th amendment grounds. The 10th has been used to EXPAND federal power, not contract it. “It (the 10th amendment) is but a truism.”
Just to be clear—would it be legal for employers to mandate abortions for all females working there?
How about physical tests like three mile runs once a week?
I am sure you can think of hundreds of other examples.
This is opening a nasty Pandora’s box.
“I don’t know of a single case (since the 1930’s) decided in states favor on 10th amendment grounds.”
I think an example of the use of the 10th was when Trump offered to send in federal guard troops to assist the governors, even at federal expense. And the liberal governors not only declined, but raised hell when border patrol arrested people in Oregon for trying to damage federal property.
Since the 1930’s there have have been 13 cases that have been tried under the 10 amendment profile.
An example is in 1992, the Supreme Court ruled the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law.
SD O’Conner even guide lined how the feds could legally threaten the states to accomplish the goal anyway. But she did not support their ignoring of the 10th.
Another example is by:
“setting a precedent with important implications today, the Supreme Court’s decision from 1997 in Printz v. United States reaffirmed states’ rights and the Constitution’s anti-commandeering provisions.”
https://constitutioncenter.org/blog/on-this-day-the-supreme-court-reinforces-the-10th-amendment
They are there, but no one in the BS media is telling anyone.
wy69
If weekly testing means a stranger of unknown qualifications is going to shove a swab up my nose, that wouldn’t be fine with me. Especially if a person’s already had covid, that shouldn’t be necessary, and they’re not doing it to vaxed people who are also capable of harboring virus.
Enough people stand their ground and the “authorities” have no choice but to back off or watch their businesses founder; enough businesses founder and the economy collapses.
People have authority. Exercise authority and you have power. Don’t exercise it, and politicians pick it up and swing it around, whereupon THEY have power.
Thanks for all that. I found a reasonable summary including links to the post-Darby cases
https://constitutionallawreporter.com/amendment-10/
Also found a great “debate format” exchange that includes this ...
In modern times, the enumerated powers of the national government have been misread beyond all recognition, to the point that the actual Constitution is not really part of the governing structure at all. We live with a shadow, or “zombie,” Constitution that has the outer husk of the original document but none of its actual substance. Once the enumerated powers are misconstrued out of existence, weight falls on the rest of the Constitution, most notably the Bill of Rights, to restore to some very modest degree the original balance of power. The various “Tenth Amendment” cases decided by the Supreme Court may serve this function. Congress, for instance, has no enumerated power to conscript state legislatures or executives into enforcing federal law (though it does actually have enumerated power to conscript state courts into hearing federal cases through the Article I Tribunals Clause). But if arguments that rest on a lack of enumerated power are foreclosed by wretchedly bad prior cases, then subbing in the Tenth Amendment to reach the correct result is not a completely irrational strategy. It may not be as good as getting the enumerated powers right in the first place, but it may be a plausible second-best solution.
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-x/interps/129
Stopped watching them a long time ago when I found out they were actually paying federal income taxes despite their public opposition via their commentators to a federal income tax.
The opening of Pandora’s box is and has been happening in DC. The US government would put NewsMax out of business in less than a week and months before the USSC declares the mandates to be unconstitutional.
Should we also expect NewsMax to refuse to pay a federal income tax?
Here is what I would expect (no—demand!) from NewsMax:
—A public statement that they believe the vaccine mandates are a crime against humanity and they are opposed to them in principal.
—A refusal to implement any such mandates and an immediate filing of lawsuits (on whatever grounds they wish) to make their case.
—A willingness to temporarily shut down the business for as long as needed if they lose the lawsuits.
This is the hill to die on—right now.
There is no other choice.
“To ensure that we are in compliance, we require that all vaccinated employees submit a copy of their vaccination card,”
Your papers !!
Very, very well said.
The problem with our system in opposition to the Constitution is not that the document has been intervened by changes, but that the changes were put in without the approval of the people and for the purpose of controlling the people at a level that has no horse in the race. That level’s only real interest is to see that their job, a lucrative one whether by money or the feeling of power it provides, is protected and the only way they can do that is to pander.
The purpose of the federal government is not to govern from Mt. Olympus. It is to listen to what each little community needs to govern themselves and help them get it many times by just staying out of the way. This is why we have senators, congressmen, governors, mayors....ect. But instead of allowing the states their own money to provide such things as roads, education, the states’ rights to healthcare, and others, they either try to exhume the needs, take the money they can, and then delve it back in percentages far short of what they took.
An example is education. The feds delve out approximately 7% of the financial requirements for the states. But they take far more than the amount they send back. And with that the curriculum and government cleared books are the expected choice of the NEA and it’s watchdogs is the result in fear of being cut off. So, besides financially controlling the construction needs, they are thus controlling the education needs to their interpretation from 5000 miles away. (I didn’t consider Hawaii) Are they qualified to create a one size fits all education with the diverse needs of all the areas in question? This is why there were so many little towns in the past that grew from peoples’ objection to how something was done. They just packed up and moved to a new location to enact their wishes.
It is my belief, and others like me, that the federal government is no longer in touch with the public, no longer wishes to conform to the restrictions they place upon them, and on too many efforts applies their covert actions in their best interest which is nothing more than that pandering thing I mentioned. They need the votes, but they do what they want. And that is no longer a republic or a democracy, it is a monarchy split 50 ways. Didn’t we leave that in 1787?
wy69
“OSHA is workplace safety, not public health. OSHA is playing word games, which is what government, courts are all about.”
You definitely identified the problem there. But it was a ticking time bomb by the way it was written and changed throughout the years since its inception in 1971. It just sat there until the liberal administrations figure out a way to use it for their needs. So we somehow thrived in the country for 200 years without it, with local determinations as to health and safety, but at that point we were in such a severe danger to ourselves that the federal government, was allowed to slam in one size fits all divinations in a semi controlling agency from the other side of the country.
Then they continued to bluffed the rest until either through cutting off states’ monies or services by blackmailing the states into applying their ideas on interpretations until the people in power in the states realized the advantages of being a zombie and in many cases taking the blame when the finger was pointed at them for a blowup. Ahhh, the art of misdirection.
Notice no one is talking about the “lack of brainpan in Afghanistan” anymore. Now we’re talking about supply lines that are being disrupted by the unions and pointing fingers at the trucking industry. Smoke and mirrors.
wy69
Lachlan Murdoch, is that you? ;)
Newsmax Opposes Vaccine Mandate, Here’s Why
“Newsmax has no vaccine mandate nor do we require it for employment.”
“We have informed our staff of the upcoming federal rule.
At the same time we have notified staff we will create an easy opt-out for any employee who does not want to be vaccinated.
Under the rule, any employee who is not vaccinated will be tested for COVID on a weekly basis.
Newsmax is going beyond the OSHA rule to provide free weekly testing on its company premises.
No Newsmax employee will be forced to receive the vaccine or be fired for not doing so.”
Much better—thanks.
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