Mask mandates are not unconstitutional, the DOJ says in a blistering 157-page rebuttal to a man who sued the CDC and 7 airlines

Business Insider ^ | 14 Aug 2021 | Kevin Shalvey

[blueplum]

The US government has defended the legality of its mask mandates, filing a point-by-point rebuttal against a complaint in Florida that said such mandates were unconstitutional.

This week's filing appeared to be the first time the government laid out a lengthy legal defense against claims that mask mandates put in place during the pandemic were illegal.

The filing included 88 pages of rebuttals and another 70 pages of exhibits. ...

..."And there is no constitutional right 'to not have a policy imposed on [him],' that he thinks is harmful — that is one of the basic tradeoffs of living in a society, with a government that is authorized to make policy choices that individual citizens may not support," the lawyers said.

Wall, who is representing himself, said he expects to file an about 50-page response ...

[grey_whiskers]

[GingisK]

The Constitution does empower Congress to make laws, but only Congress. That power cannot be delegated to any other body or agency. Further, the President does not have direct power over The People. His power is to control the executive branch.

It seems the judge didn't take any of this into account.

[taxcontrol]

Notice the difference?

This administration believes that all power rests with the government and citizens only have the constitutional rights that they say it has.

The original structure of the constitution was that the People had all the power and then transferred a part of that power to the state. Even with that structure, the state had further specific limits.

[Amendment10]

DOJ blatantly ignores that the states have never expressly constitutionally given the unconstitutionally big, Democratic-pirated feds the specific power to dictate peacetime healthcare policy of any kind to the states.

From a related thread...

Regardless of the noise that the desperate, Democratic-pirated feds are making concerning CV19, patriots are reminded of the following.

Possibly starting with President Thomas Jefferson, he, and several Supreme Court justices, had indicated that the states have never expressly constitutionally given the feds the specific power to dictate peacetime policy for INTRAstate healthcare, including dictating intrastate quarantine policy.

• "10th Amendment: 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."

• "Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.

• ”State inspection laws, health laws [emphasis added], 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” —Gibbons v. Ogden, 1824.

• "They form a portion of that immense mass of legislation, which embrace every thing in the territory of a state not surrendered to the general government. Inspection laws, quarantine laws, and health laws [emphasis added], as well as laws for regulating the internal commerce of a state, and others, which respect roads, fences, &c. are component parts of state legislation, resulting from the residuary powers of state sovereignty. No direct power over these is given to congress, and consequently they remain subject to state legislation, though they may be controlled by congress, when they interfere with their acknowledged powers." —Justice Joseph Story, Article I, Section 10, Clause 2, 1833.

• “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.

• “Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress.” –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.

In fact, it can be argued that non-elected bureaucrats running constitutionally undefined federal regulatory agencies like FDA and OSHA, I'll also mention DHS and CDC, are unconstitutionally dictating 10th Amendment-protected state policy concerning CV19 issues, violating Section 3 of the 14th Amendment by doing so imo, and need to be removed from office imo.

"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 [emphases 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."

Patriots need to stop the unconstitutionally big federal government in its tracks by doing the following.

Patriots need to primary federal and state elected officials who don't send voters email ASAP that clearly promises to do the following.

Federal and state lawmakers need to promise in their emails to introduce resolutions no later than 100 days after start of new legislative sessions that proposes an amendment to the Constitution to the states to repeal the 16th and ill-conceived 17th Amendments, but also an amendment to clean up the judiciary.

Corrections, insights welcome.

[Red6]

The DOJ is very forward leaning, assertive, and open minded, flexible in interpreting things, as long as these ideas liberal or from a Democrat administration.

The DOJ is a political tool and probably always has been, even FDR used the FBI to go after folks that caused him grief... The difference between today and in the past is that American society is accepting of their political bias, or a very OBVIOUS politicizing of this department. See the aftermath of 6 January and how they were used as the strong arm technique to discredit, disrupt, delegitimize and yes even persecute (prosecution would assume a rule of law which we no longer have) protestors.

You’re just giving another example. Politically Covid is largely a game, no different than global warming or the ozone hole...

***An issue that is driving a “political agenda.”***

There is a shred of truth there in so far that there is a disease out there, but little that is said and done actually is working towards a resolution of this disease. As everything that becomes political, it becomes about how to promote oneself, discredit the opponent, how to make billions off the issue... As such, being a political tool, the DOJ (which is not about protecting the US Constitution) is 100% on board with whatever the spirit of the times are, that is if they are liberal and Democrat.