Posted on 10/16/2021 6:45:42 AM PDT by Texas Fossil
All of the federal contractors in the state of Texas (and there are a lot of them) are about to find themselves in a difficult position. Governor Greg Abbott has issued an executive order forbidding any companies from instituting vaccine mandates. But as of yesterday, the Pentagon has informed all of its contractors in the Lone Star State that they must comply with Joe Biden’s federal vaccine mandate. The federal mandate doesn’t take effect until December 8, so there is still some time for negotiations or court appeals, but that may not matter. The statement from the Pentagon was phrased in a very absolute manner, invoking federal supremacy and suggesting that any companies following the Texas order and failing to mandate vaccinations may lose their contracts, effectively shutting them down.
Defense contractors and their employees in Texas must get the COVID-19 vaccine despite the governor’s executive order banning vaccine mandates, the Pentagon said Thursday.
The Pentagon, in a statement Thursday, said that federal guidance supersedes local laws, like the executive order issued by Texas Gov. Greg Abbott on Monday. It pointed to federal guidance issued in September.
“These requirements are promulgated pursuant to Federal law and supersede any contrary State or local law or ordinance,” the federal guidance states. “Additionally, nothing in the Task Force Guidance shall excuse noncompliance with any applicable State law or municipal ordinance establishing more protective workplace safety protocols than those established under the Task Force Guidance.”
(Excerpt) Read more at hotair.com ...
There is no Federal Law giving Slo Joe the authority to mandate such medical treatment.
Not even the CDC or the FDA have authority to enforce such an act. OSHA has not acted upon Slo Joe's statement.
They know they are on weak legal footing.
And there are already many pending lawsuits concerning the mandate. (Southwest Airlines and Labor Unions etc)
This dog won't hunt.
Article 10
Geez. Almost like economic extortion huh? So much for the anti-bullying screed they keep spewing.
From the article:
To enjoy supremacy, a federal law must first be “made in pursuance thereof” (all other constitutional text) and be “made under the authority of the United States,” as defined in the enumerated powers of the Federal government according to the U.S. Constitution.
To put a fine point on the matter, the Constitution of the United States assigns all “law-making” authority to Congress alone, the legislative branch. This means that policies set by either the Executive branch or the Judicial branch cannot possibly be “laws,” according to the Constitution.
Further, only when Congress enacts laws which are “in pursuance thereof” – within the purview of, or under the authority granted via the Constitution, and not in conflict with the Bill of Rights, can those laws enjoy Supremacy.
Policies set by the Executive or Judicial branch are not laws at all. Therefore, they cannot enjoy supremacy in a Constitutional Representative Republic. Amendment X of the U.S. Constitution states unequivocally that – “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.”
Bottom line, Biden's mandate on private business is going to go down in flames provided the law is actually followed.
What mandate has the veg issued? I haven’t seen one.
Great post!
There is STILL no legal requirement in place. What requirement are they going to enforce when there isn’t one yet?
Same reason states cannot sue them yet, there is nothing to sue against yet.
“The Pentagon, in a statement Thursday, said that federal guidance supersedes local laws, like the executive order issued by Texas Gov. Greg Abbott on Monday. It pointed to federal guidance issued in September.”
“Federal guidance” means nothing.
Exactly, what do they have to enforce? Nothing, it is another extension of the bully scare con job.
Wonderful!
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Bingo, we have a winner.
They know they are on weak legal footing.
*************
They don’t give a damn about legal footing, lawsuits, state’s rights, the Constitution, or any kind of constraints normally observed under the principles of legitimate governance.
This regime rules by dictates that are sanctioned and enforced by the Deep State.
We are a representative democracy in name only.
We are getting hints this is coming to contractors here in Florida. I am a security guard working for a security company at a shipyard that is building Coast Guard ships. My company is getting ready as a contractor to a Federal contractor. If the mandate comes down it will shut down the shipyard as a majority of the workers refuse to get he shot. I believe that nearly all have, in fact, had the CCP flu already. Most got flu back in early 2020 when the corona virus was vaguely known about but it was not diagnosed hereabouts. Later antibody tests have confirmed that my family all had it and I know several yard workers who have been there, too. The yard force is mostly the same as then. the Negroes invoke Tuskeegee and say they are not going to repeat that scam and many others are influenced by that. the only diagnosed cases on the yard have been among office personnel, and only those who went to the ER. Everybody else who ailed just loaded up on flu and cold meds and worked on. One died and WuHan is on his death certificate. His relapse of throat cancer is not.
We are getting hints this is coming to contractors here in Florida. I am a security guard working for a security company at a shipyard that is building Coast Guard ships. My company is getting ready as a contractor to a Federal contractor. If the mandate comes down it will shut down the shipyard as a majority of the workers refuse to get he shot. I believe that nearly all have, in fact, had the CCP flu already. Most got flu back in early 2020 when the corona virus was vaguely known about but it was not diagnosed hereabouts. Later antibody tests have confirmed that my family all had it and I know several yard workers who have been there, too. The yard force is mostly the same as then. the Negroes invoke Tuskeegee and say they are not going to repeat that scam and many others are influenced by that. the only diagnosed cases on the yard have been among office personnel, and only those who went to the ER. Everybody else who ailed just loaded up on flu and cold meds and worked on. One died and WuHan is on his death certificate. His relapse of throat cancer is not.
So, this is just a game, then, to see what they can get away with - like the election. The Left wants to see if their yammering mouthpieces in the press can get them what they want, just by talking.
It is strange, that the Congress wants to do nothing but “investigate” and adjudicate while the Executive thinks it can pass law, under the Left. The Supreme Court is in hiding, I guess until they find out what powers are left to them.
From the article, “The federal mandate doesn't take effect until December 8”. OSHA in response to Biden's speech has started the process to change the rules. This is hardly a “mandate”. It is not even far enough along for lawyers to challenge because no one knows what they will be able to come up with.
There is no “mandate”, OSHA has started their rule making process but is weeks or months away from instituting any new rules. Biden has overstepped his authority, it is all a bluff.
So much for the anti-bullying screed they keep spewing.
**************
Whatever they accuse others of doing is exactly what they are doing. That’s a consistent theme in liberaldom.
...provided the law is actually followed...
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