Posted on 05/12/2022 10:55:23 AM PDT by Jan_Sobieski
Over their dead bodies.
Glad you’re back.
Treasonous.
FR: Never Accept the Premise of Your Opponent’s Argument
Patriots, there are two basic sets of historical excerpts presented in this post. The first set explains that the states have never expressly constitutionally given the unconstitutionally big, post-17th Amendment ratification federal government the specific power to dictate INTRAstate healthcare policy, not even to try to stop the spread of contagious diseases (my wording).
The second set of excerpts explains that the unconstitutionally big federal government also cannot use its power to make treaties as a back door to expand its powers (my wording).
Regarding no constitutionally express power to dictate intrastate healthcare, please consider the following from related threads.
"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.
"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.
"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.
Below are excerpts from Supreme Court case opinions and congressional record that don't mention quarantine, but support the constitutional reality that healthcare issues, politically correct (imo) use of masks for example, argued to slow spread of virus, is a state power issue, not the business of the feds.
”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.
From the congressional record, clarification by Rep. John Bingham, the main author of Section 1 of the 14th Amendment:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
“Direct control of medical practice in the states is obviously beyond the power of Congress [emphases added].” –Linder v. United States, 1925.
Next, below are excerpts from writings of respected constitutional experts that stop federal treaty power from being used to unconstitutionally expand the federal government's powers.
First concerning treaties, Vice President Thomas Jefferson, when wearing his President of the Senate hat, and using his uncommon common sense, had recognized that the Senate's power to confirm treaties was limited by the federal government's constitutionally limited powers.
“In giving to the President and Senate a power to make treaties, the Constitution meant only to authorize them to carry into effect, by way of treaty, any powers they might constitutionally exercise.” —Thomas Jefferson: The Anas, 1793.
“Surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way.” — Thomas Jefferson: Parliamentary Manual, 1812 .
In fact, the Supreme Court seemingly reflected on Jefferson's words when it clarified in Reid v. Covert that Senate power to confirm treaties cannot be used as a back door to expand the federal government's powers (my wording).
"The obvious and decisive answer to this, of course, is that no agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution." —Reid v. Covert, 1957.
Corrections, Insights welcome.
And since this is election year, patriots are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed int candidates.
Again, insights welcome.
Doesn’t this have to be voted on by our esteemed elected representatives first? I don’t think Biden can unilaterally sign our country over to WHO.
Not a free country anymore. But no one cares enough.
Many kind thanks; me too.
“I can’t see any reasonable court in this country allowing such nonsense to be “legal”.
I can’t see any reasonable GUN OWNER in this country allowing such nonsense to be “legal”.
Comments accepted by HHS until 7 am to,orrow
We are in our 8th emergency
Biden changed the US’ agreement rules in January by way of Federal Register entries, submitting amendments.
Once treaties are ratified, they become law. Can laws be unconstitutional?
No, of course not.
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