Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Is Biden's Vaccination Mandate Constitutional? | Opinion (Epstein-Island Dershowitz speaks)
Newsweek ^ | September 14, 2021 | Alan Dershowitz

Posted on 09/14/2021 7:53:46 PM PDT by DoodleBob

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-36 last
To: DoodleBob

Biden got his Mandate from China.

China’s ruler’s prior to communism was the “mandate from heaven” that the King labored under in service to his people.

The Mandate is a Chinese Political thing and Biden should be charged as a foreign agent.


21 posted on 09/15/2021 2:46:03 AM PDT by Jumper
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoodleBob
I would say we have a fourth issue to resolve.

Is this really a medical emergency?

The most vulnerable group is age 60-and over. That group already has the highest level of vaccination in the USA, and the same group has a low level of representation in the work force.

The age group 59-and under has the largest representation in the USA work force, but their COVID fatality rate is less than 1%.

For the age group 40-and under, their COVID fatality rate is almost equal to the fatality rate for influenza.

My conclusion - this is not a medical emergency.

Protect the aged and the infirm.

Everyone else, go back to your normal life.

22 posted on 09/15/2021 3:58:10 AM PDT by zeestephen
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoodleBob

He says the first question is an easy yes, but I fail to see any black-letter law nor precedent for such an answer.


23 posted on 09/15/2021 4:00:43 AM PDT by MortMan (I before E, except after C - That's wierd!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blueplum
Re: "the president can't act without a request to deny exceptions from the Secretary of Defense"

That sounds really strange...

The President is the elected Commander in Chief of our military forces, and he is the Chief Executive Officer of the Defense Department.

If the Secretary will not do what the President asks, the Secretary will get fired, and the next responsible executive in line will be asked to do it.

24 posted on 09/15/2021 4:11:38 AM PDT by zeestephen
[ Post Reply | Private Reply | To 10 | View Replies]

To: blueplum

OSHA like most government entities are given the power to imement certain laws by fiat. But that power is limited to their reasons for existence. The name says it all Occupational Saftey and Health... this has nothing to do with personal health choices.

Their job is to protect you against potential safety hazards related to your occupation not against your fellow employees.


25 posted on 09/15/2021 4:36:36 AM PDT by maddog55 (The only thing systemic in America is the left's hatred of it!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: zeestephen
Indeed, in the Jacobsen case, SCOTUS' opinion largely hinged on there being no alternative to vaccines in that smallpox outbreak. Also, and this isn't explicit but it's important, the world and society had YEARS of experience with the pros and cons of the smallpox vaccine in 1905. We've had about 9 months at best with these shots, and alternatives to the shots DO exist.

Sadly, this all hinges on whether Roberts and Kavanaugh flip.

26 posted on 09/15/2021 6:22:13 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
[ Post Reply | Private Reply | To 22 | View Replies]

To: DoodleBob

Roberts can say the Vaccine mandate is a tax....problem solved.


27 posted on 09/15/2021 7:40:48 AM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
[ Post Reply | Private Reply | To 1 | View Replies]

To: XRdsRev

The real question, is whether or not Roberts’ new best buddy Kavanaugh will follow him into the abyss.


28 posted on 09/15/2021 7:44:43 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
[ Post Reply | Private Reply | To 27 | View Replies]

To: DoodleBob

The first two ‘yes’ answers are no-brainers.

But the entirity of the problem is in the third question.

Biden bypassed the entire legislative process. That’s unconstitutional.

If this stands, he could feasibly ‘executive-order’ the seizure of all firearms in America.


29 posted on 09/15/2021 7:45:13 AM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoodleBob
Dershowitz, like many hack lawyers, can make the Constitution -- well, any legal document that has been signed for that matter -- mean pretty much anything they need it to mean at the moment. Like statistics where "if you torture the data enough it will confess", this applies to language ... even carefully crafted legal language.

This will end up in the USSC where it's likely most of the justices have already made up their mind ... it'll just take some time before we find out if we still live in a constitutional republic ... in Liberty.

30 posted on 09/15/2021 7:50:44 AM PDT by glennaro (Dennis Prager: "Until it's safe" means "Never")
[ Post Reply | Private Reply | To 1 | View Replies]

To: hinckley buzzard

Since you mention smallpox.

It had a 30% fatality rate, and yet there was no Federal mandate.
Even with a 30% fatality rate, the mandate carried a penalty of a $5 fine (that’s $150 today; a large speeding ticket).

Oh, and there is good hard data out of Africa and India, that per-capita death rates are lower when using Ivermectin, than the jabs (undermining the “Emergency Use” prong of “no alternatives readily available”); and per-capita death rates in the UK, and in Israel (the most-jabbed country on earth) are currently higher for the jabbed than the non-jabbed.


31 posted on 09/15/2021 9:24:45 AM PDT by grey_whiskers ((The opinions are solely those of the author and are subject to change with out notice.))
[ Post Reply | Private Reply | To 11 | View Replies]

To: DoodleBob

Does OSHA cover work-from-home employees? Like full time telecommuter types.
It’s hard for the virus to fly 20 or 40 miles to the office, isn’t it?


32 posted on 09/15/2021 9:26:36 AM PDT by grey_whiskers ((The opinions are solely those of the author and are subject to change with out notice.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoodleBob

Update: @CorrectionNYC just told the City Council there are 1,789 officers who called out sick just today: https://t.co/qzxt1UD3XU— Gloria Pazmino (@GloriaPazmino) September 15, 2021


33 posted on 09/15/2021 10:03:26 AM PDT by grey_whiskers ((The opinions are solely those of the author and are subject to change with out notice.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jonty30
He never liked Trump, but he thinks that Trump did a better job than Hilary would have.

I never "liked" Nixon, but I voted for him twice. The alternatives were unacceptable.

34 posted on 09/15/2021 10:15:14 AM PDT by JimRed (TERM LIMITS, NOW! Militia to the border! TRUTH is the new HATE SPEECH.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: zeestephen

It’s true. check this thread and my quotes from DoD Directive 6200.2,/6200.3 here:
https://freerepublic.com/focus/news/3994129/posts?page=11#11


35 posted on 09/15/2021 5:08:45 PM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
[ Post Reply | Private Reply | To 24 | View Replies]

To: Lazamataz
You are, of course, correct on #3.

Sadly, you are correct on #1 and #2 but it's worth noting, for anyone who cares at this point, that OSHA's Constitutional Basis for existing is - wait for it!! - The Commerce Clause.

I know this ship sailed a long time ago, but call me old fashioned: the original intent of the Commerce Clause "was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter." (Federalist 42).

Connecting Madison's words and the CC's intent to stop toll wars between NJ and PA, and forced shots, is strained at best.

Back to the 21st Century. Thank you.

36 posted on 09/15/2021 8:17:57 PM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
[ Post Reply | Private Reply | To 29 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-36 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson