FR: Never Accept the Premise of Your Opponent’s Argument
From related threads…
Regarding CDC's constitutionally indefensible mask order imo, patriots are reminded that the states haven't even given Congress the express constitutional power to make quarantine-related laws.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
More specifically, using government power to quarantine as an example, the 19th and first half 20th century Supreme Court had clarified that government power to regulate INTRAstate healthcare is uniquely a state power issue, not the business of the feds.
But more importantly where lockdowns are concerned, note the reference to unique state powers to quarantine in the New York v. Miln excerpt below, the second item in the list.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
"Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
"Obviously, direct control of medical practice [emphases added] in the states is beyond the power of the federal government.” —Linder v. United States, 1925.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
And what's even worse than the feds stealing state powers to mandate that everybody wear masks is this. The delegates to the Constitutional Convention had made the Constitution's first numbered clauses, Sections 1-3 of Article I, evidently a good place to hide these clauses from Congress (sarc), to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in so-called federal regulatory agencies like the CDC, IRS, EPA, etc., constitutionally undefined federal regulatory agencies run by non-elected bureaucrats.
Our corrupt, Democratic and RINO-controlled Congress, along with misguided CDC bureaucrats, also wins today's violation of Section 3 of the 14th Amendment for ordering citizens to wear masks without express constitutional power to do so.
"14th Amendment, Section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same [emphasis added], or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
More specifically, CDC bureaucrats need to lose their offices under Section 3 because they swore to protect and defend the Constitution which includes respecting the fed's constitutionally limited powers.
Federal lawmakers likewise need to lose their positions of power under Section 3 for letting CDC bureaucrats get away with stealing state powers to do Congress's dirty, unconstitutional work for it.
Again, in addition to Congress letting foreign countries get away with interfering in 2020 federal elections, Congress continues to let the constitutionally enumerated voting power of us despicables be weakened by letting non-elected federal bureaucrats get away with oppressing people with stolen state powers, quarantine-related mandatory mask orders in this example.
On the other hand, if states oppress citizens with excessive lockdowns and mask requirements, citizens can flex their voting muscle make things difficult for their state government leaders. This is evidence by the current petition to recall California Gov. Newsom.
Recall Newsom form (already 70% 80% signatures, deadline March 10)
In fact, citizens in all states need to work with their state lawmakers to make the following changes to their state constitutions regarding quarantines imo.
State constitutions need to be amended to put time limits on quarantines.
State constitutions also need to be amended to make state health officials elected by popular vote.
Constitutionally time-limited lockdown need to automatically trigger special recall elections for governors, mayors and health officials who order quarantines, also state lawmakers.
Finally, constitutions need to require people planning to run for state and local offices to escrow a refundable "recall deposit" before becoming a candidate, the deposit fully paying in advance for their possible recall elections if they are elected, amounts determined by law.
Corrections, insights welcome.
Bump!