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Political Science Expert Says Biden’s Vaccine Mandate May Overstep Constitutional Powers
WDTN ^ | Sep 9, 2021 | Caroline Morse

Posted on 09/10/2021 5:27:53 PM PDT by nickcarraway

Some political science experts believe President Joe Biden’s vaccine mandate announcement Thursday was a huge bypass of the normal process it takes to pass legislation.

Biden will have OSHA make a rule requiring employees of companies to be tested. Companies will have to pay for the testing, but they can pass the cost on to employees.

Dr. Mark Caleb Smith, director of the Center for Political Studies at Cedarville University, said he was shocked with Biden’s announcement

“It’s probably not getting up to detaining Japanese-Americans during World War II but its not that far away,” Smith said. “When you’re talking of tens-of-millions of American citizens potentially being forced into a medical decision they want to avoid, it’s a remarkable thing.”

Some experts believe Biden’s vaccine mandate will go down in history, and not in a good way.

Smith said it will all come down to how the court will interpret the OSHA statute, which includes an emergency standard that allows Biden to issue emergency rulings if it presents a grave danger to our society — but he doesn’t believe the coronavirus pandemic will suffice.

“I think it’s going to be difficult, the vaccines do work at some level but people who don’t have them are still surviving at very high rates,” Smith said. “Legislation doesn’t really unpack what that phrase should be in terms of ‘grave danger’ so it’s going to be interesting to watch.”

The Supreme Court will have to determine if the vaccine mandate violated the president’s powers obtained in Article II of the US Constitution, but it all depends on the phrase “grave danger.”

“For the president to do this just with his own power through executive power, no legislation in place, without the typical notice and comment period connected to federal bureaucratic decisions, it’s a huge bypass of the typical process,” Smith said.

Smith’s prediction? That Biden’s mandate will probably backfire on him.

“I think the opposite might happen, a lot of people are going to draw a line in the sand and say I’m not going to do it, you’re not going to order me to do it,” Smith said. “I understand where the president is coming from, but a part of me feels like he misread the political moment here, he’s going to get a lot of resistance.”

Biden didn’t mention a deadline for companies to start mandating the vaccine or test, but he encouraged them to do so as soon as possible.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: biden; mandate; vaccine
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1 posted on 09/10/2021 5:27:53 PM PDT by nickcarraway
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To: nickcarraway

The back fire better happen soon!


2 posted on 09/10/2021 5:29:41 PM PDT by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: nickcarraway

I will be shocked if The Roberts court touches this.


3 posted on 09/10/2021 5:30:15 PM PDT by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
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To: ducttape45

Oh, Biden is just getting started.


4 posted on 09/10/2021 5:31:16 PM PDT by datura (The voice that brought you peace has nothing left to say.)
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To: nickcarraway

May?


5 posted on 09/10/2021 5:31:18 PM PDT by wally_bert (I cannot be sure for certain, but in my personal opinion I am certain that I am not sure.)
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To: nickcarraway

I don’t think they care at all. Obama wasn’t eligible to be president and Harris isn’t either and no one stands up.


6 posted on 09/10/2021 5:32:14 PM PDT by dljordan (Slouching towards Woketopia)
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To: nickcarraway

“May overstep?” Like duh!


7 posted on 09/10/2021 5:32:30 PM PDT by Avalon Memories (Clowns to the left of me, jokers to the right...)
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To: nickcarraway

Gee, ya think?

CC


8 posted on 09/10/2021 5:33:47 PM PDT by Celtic Conservative (My cats are more amusing than 200 channels worth of TV.)
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To: nickcarraway

A real Columbo, this guy is.


9 posted on 09/10/2021 5:33:52 PM PDT by dynachrome ("I will not be reconstructed, and I do not give a damn.")
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To: nickcarraway

TEXAS ATTORNEY GENERAL to BIDEN: ‘I Will See You in Court Soon!’
Sean Hannity ^ | 09/10/2021 | Hannity Staff
Posted on 9/10/2021, 3:19:45 PM by Kevin in California

Texas Attorney General Ken Paxton delivered a direct message to the Biden Administration Friday afternoon following the President’s federal vaccine mandate, saying “I will see you in court soon!”

“Biden’s new nat’l vaxx mandate on private biz may be the most unconstitutional, illegal thing I’ve ever seen out of any Admin in modern American history. This is an egregious, tyrannical power grab that stands no chance in court. I’ll be suing this disastrous Admin very soon,” posted Paxton on Twitter.


10 posted on 09/10/2021 5:34:20 PM PDT by Grampa Dave (If I wanted to live in Australia, Canada, New Zealand, UK, China, Cuba, Chicago/NYC! I'd move there )
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To: ducttape45

The Virus is peaking as we speak. There will be a sharp decline in infections. Biden will then proclaim victory due to his forceful actions.


11 posted on 09/10/2021 5:35:44 PM PDT by griswold3 (When chaos serves the State, the State will encourage chaos)
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To: Avalon Memories

The Japanese internment is a solid analogy.

For those who don’t know, in 1940 the US Census workers visited Japanese-Americans and made the same promise they made to everyone else—that their information would be confidential.

Then WWII happened, and Congress declared that the US Census Bureau privacy could be breached to help the war effort.

The “confidential” census info was then used to round up the Japanese and put them in concentration camps.

This was insane—while there may have been a handful of Japanese who were enemy sympathizers, the vast majority were patriotic Americans.

(end of rant on this topic)


12 posted on 09/10/2021 5:35:45 PM PDT by cgbg (A kleptocracy--if they can keep it. Think of it as the Cantillon Effect in action.)
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To: nickcarraway
“I understand where the president is coming from..."

Oh STFU!If one "understands" Biden and where he comes from,they are part of the problem.

The a-holes keep pushing on until they hit resistance and simply go into any direction that is politically expedient. My worry is this so called "conservative" Supreme Court.

13 posted on 09/10/2021 5:37:14 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: nickcarraway

May?


14 posted on 09/10/2021 5:38:13 PM PDT by wardamneagle (c)
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To: nickcarraway

Is there anything about voter fraud in the Constitution?


15 posted on 09/10/2021 5:39:12 PM PDT by Leep (Save America. Lock down Joe Biden)
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To: nickcarraway

An expert says “may”? What exactly does it take to be an expert?

I can read English and tell you it’s definitively unconstitutional. Now pay me.


16 posted on 09/10/2021 5:40:00 PM PDT by Salvavida (We must win the COUNTY if we want to win the country.)
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To: nickcarraway

What’s Dershowitz say?


17 posted on 09/10/2021 5:43:38 PM PDT by gcparent (God Bless America )
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To: gcparent

We need a coordinate national strike. Fight back.


18 posted on 09/10/2021 6:02:25 PM PDT by RBW in PA
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To: nickcarraway

Some of the MSM reports concentrate exclusively on the mandate for the jab. Those reports conveniently exclude the part about option B: weekly testing. So it’s possible that OSHA might also forget about option B. If the jab is mandated, I’ll retire. Already working on the retirement checklist, to launch if and when.


19 posted on 09/10/2021 7:21:59 PM PDT by asinclair (Political hot air is a renewable energy resource)
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To: nickcarraway

Ya think!


20 posted on 09/10/2021 7:39:00 PM PDT by VTenigma (The Democrat party is the party of the mathematically challenged )
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