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The Unconstitutional Federal Vaccine Mandate
The Gateway Pundit ^ | October 24, 2021 at 7:03pm | Bronson Yake

Posted on 10/24/2021 8:11:39 PM PDT by E. Pluribus Unum

Many people are objecting to the mandate to get vaccinated and there are a number of lawsuits working through the courts. For the most part, people are arguing for an exemption. The core question should be “Does the Federal Government have the legal authority to issue a vaccine mandate?” In a word, no.

State Vaccine Mandates Can be Permissible

The foundational and still-controlling legal authority is Jacobson v. Mass, 197 U.S. 11 (1905). In that case, the U.S. Supreme Court let stand a vaccine mandate issued by a town. The Court reasoned that the town’s legal authority flowed from the State’s general police powers. Massachusetts law empowered local boards of health to mandate vaccines for when a contagious disease has an outbreak. During a Small Pox outbreak, the Cambridge board of health mandated that all adults who were fit candidates had to be vaccinated or pay a $5 fine. The Supreme Court found that the concern about an outbreak of a deadly and contagious disease justified this use of the state’s police powers.

The Court acknowledged the states’ inherent police power regarding public health and discussed why Massachusetts’ mandatory vaccination law was reasonable. It found the small pox vaccine “strongly tends to prevent the transmission or spread of this disease…” but conceded not everyone believed the vaccine prevented the disease, however it was generally held to have the “decided tendency to prevent the spread of this fearful disease and to render it less dangerous to those who contract it.” Jacobson at 34 (quoting Matter of Viemeister v. White, 88 A.D. 44, 84 N.Y.S. 712 (N.Y. App Div. 1903)[1].

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS: News/Current Events
KEYWORDS: anthonyfauci; bloggers; covidstooges; obamacare; vaccinemandate; vaccinemandates

1 posted on 10/24/2021 8:11:39 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

The constitution is meaningless since Berg vs. Obama


2 posted on 10/24/2021 8:15:51 PM PDT by Kevmo (I’m immune from Covid since I don’t watch TV.🤗)
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To: E. Pluribus Unum

“… The foundational and still-controlling legal authority is Jacobson v. Mass, 197 U.S. 11 (1905). In that case, the U.S. Supreme Court let stand a vaccine mandate issued by a town. The Court reasoned that the town’s legal 905authority flowed from the State’s general police powers. Massachusetts law empowered local boards of health to mandate vaccines for when a contagious disease has an outbreak. During a Small Pox outbreak, the Cambridge board of health mandated that all adults who were fit candidates had to be vaccinated or pay a $5 fine. The Supreme Court found that the concern about an outbreak of a deadly and contagious disease justified this use of the state’s police powers.…”
********************************************************************
It’s 2021 now. In 1905 they didn’t have the technology to tell whether a person already had natural immunity through prior infection and thus no need for vaccination to achieve the board of health’s objective.


3 posted on 10/24/2021 8:18:09 PM PDT by House Atreides
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To: E. Pluribus Unum

Stop following ALL MANDATES!!!

If they follow how our nation works, and actually write laws, that is different.

Mandates are the rule of a dictator, whether federal or state.

DO NOT COMPLY!!!


4 posted on 10/24/2021 8:20:54 PM PDT by datura (The voice that brought you peace has nothing left to say.)
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To: House Atreides

Can I pay the fine and get a 5$ vax pass card ?

to be fair I will even pay the 5 dollars in legal pre-65 constitutional money


5 posted on 10/24/2021 8:21:35 PM PDT by algore ( )
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To: E. Pluribus Unum

Unconstitutional Obamaharm.

Unconstitutional regulation of things that only affect commerce but are not commerce.

Unconstitutional regulation of commerce within a State that is not factually commerce between States.

Unconstitutional federal welfare and entitlement programs.

Unconstitutional federal education funding and regulation.

Unconstitutional federal gift and inheritance taxes.

Unconstitutional taxation of wages.

Unconstitutional damages rather than just monetary damages (by definition intended to be excessive fines).

Unconstitutional civil forfeiture.

Unconstitutional just about everything the federal does.


6 posted on 10/24/2021 8:25:37 PM PDT by Rurudyne (Standup Philosopher)
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To: datura
Stop following ALL MANDATES!!! If they follow how our nation works, and actually write laws, that is different. Mandates are the rule of a dictator, whether federal or state. DO NOT COMPLY!!!“.

And use massive and relentless walkouts to wreck fascist corporations. Examples must be made.

7 posted on 10/24/2021 8:26:14 PM PDT by precisionshootist
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To: Rurudyne

…Punitive damages…


8 posted on 10/24/2021 8:26:52 PM PDT by Rurudyne (Standup Philosopher)
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To: House Atreides

Further we are seeing the damage the “vax” does to the recipients and that not wanting that to occur in your body is a valid scientific concern as well.

Further doctors are not reporting this, government is fudging numbers, and no one who is injured by these is being taken care of by those that injured them. There is zero liability for compensation. You die or are injured too effing bad. Half the people on this “conservative” site will sit there and ridicule their firsthand testimony.

Further we look at the science of those who are vaxxed, demanding for their own safety, everyone else be vaxxed, with the same stuff they were, yet they have no faith in what they were vaxxed with, so why should we be vaxxed? They dont even believe in it to protect themselves. Yet they demand others be vaxxed to protect them. They are already vaxxed and don’t teust the supposed protection, how the hell is vaxxing others with stuff they don’t trust going to protect them?

Friggin morons.


9 posted on 10/24/2021 8:31:48 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: Rurudyne
Unconstitutional federal police force = FB

Unconstitutional armed government agents = Any federal agent that carries a firearm of any kind. The federal government is not permitted to have any armed agents outside of the military for any reason. (this should be all to obvious now).

10 posted on 10/24/2021 8:33:26 PM PDT by precisionshootist
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To: E. Pluribus Unum

State law cannot override the Nueremberg code.

ie: The Nuremberg Code (German: Nürnberger Kodex) is a set of research ethics principles for human experimentation created by the U.S. v Brandt court as one result of the Nuremberg trials at the end of the Second World War. In a review written on the 50th anniversary of the Brandt verdict, Katz writes that “a careful reading of the judgment suggests that [the authors] wrote the Code for the practice of human experimentation whenever it is being conducted.

As of now any Covid 19 “vaccine” still has an “experimental” designation. There is no “FDA approved” vaccine available in the USA.


11 posted on 10/24/2021 8:33:49 PM PDT by VTenigma (The Democrat party is the party of the mathematically challenged )
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To: algore

“ Can I pay the fine and get a 5$ vax pass card ?…”
**************************************************
1905 was still on the gold standard. You’d have to pay in gold… $5 worth of gold (1905’s valuation of gold). Five bucks was real money in 1905. 🤗


12 posted on 10/24/2021 8:42:08 PM PDT by House Atreides
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To: E. Pluribus Unum

The Nuremberg Code 1946?

How is all this happening? All the stories that I read, none of of this statute is even brung up or discussed. We are screwed as a country and a citizenry.


13 posted on 10/24/2021 8:44:35 PM PDT by Deepeasttx ( Sensitivity/diversity training sessions are just reeducation camps without walls....for now.)
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To: House Atreides

I have 1/2 dollars and quarters I would use.

It’s all just Junk to me


14 posted on 10/24/2021 8:45:44 PM PDT by algore ( )
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To: Secret Agent Man

Plus smallpox had a fatality rate of 30% making COVID-19 look like child’s play.


15 posted on 10/24/2021 8:56:49 PM PDT by House Atreides
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To: House Atreides

Actually they did have an example to follow General Washington didn’t get a jab because he had already had Smallpox


16 posted on 10/24/2021 10:19:51 PM PDT by Tennessee Nana
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To: E. Pluribus Unum

And the horse crap Supremes will let stand the F-Joe Biden mandates.


17 posted on 10/25/2021 4:02:22 AM PDT by Joe Boucher (Kimber .45 )
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To: Joe Boucher

This is why redress through the courts is the approach of a fool.

They are own all our base.

MASSIVE civil disobedience is the only way to effectively fight the authoritarians.

Refuse. Disobey. Conduct sit-ins at the workplace and MAKE them physically remove you. Make sure the local media is there to cover it.

Study and implement 1960s civil rights tactics.

Form small groups of like-minded people to discuss and implement local nonviolent strategies.

RESIST.


18 posted on 10/25/2021 7:06:19 AM PDT by Walrus (I do not consent)
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To: precisionshootist

No, the problem isn’t really that federal law enforcement officers are armed, as law enforcement officers have been traditionally able to be so that would be covered simply by nature of our rightful common laws and the necessary and proper clause, but the problem is that they are enforcing a host of unconstitutional rules and regulations.

Or rules and regulations that may be lawful but by the nature of their actual implementation inherently are abuses of power … such as when the federal required a Stamp on the production of marijuana and then made it essentially impossible to buy the stamp in question.

That said for the most part the federal officials who aren’t armed that are doing the real damage in the service of Arbitrary government and absolute rule.

And then there’s the not really federal officials of the IRS or Federal Reserve…


19 posted on 10/25/2021 7:21:30 AM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne
"No, the problem isn’t really that federal law enforcement officers are armed, as law enforcement officers have been traditionally able to be so that would be covered simply by nature of our rightful common laws and the necessary and proper clause, but the problem is that they are enforcing a host of unconstitutional rules and regulations."

Yes, armed federal agents are the problem. It's the FBI, ATF, EPA and on and on that are raiding peoples homes with military firearms. These agencies have been turned into the enforcement arms of tyranny and it will only get worse. State and local governments can have armed police officers. The federal government cannot. Tell me where the Constitution gives the federal government the authority to create a federal police force? (ie the FBI). What indication is there that the framers intended to authorize the central government to have an army of armed federal agents that have nothing to do with the military protection of the states? The FBI should not exist (for reasons that should be all to obvious today) and if that is the case and it most certainly is, then NO federal agents possessing police power should exist. All law enforcement needs to be state and local, just as the founders intended.

We need gun control. That is we need to disarm the federal government as the framers intended. The people have the second amendment the federal government does not. The central government can establish a military to protect the states but that is where it ends. No part of our Constitution authorizes the establishment of federal police.

20 posted on 10/25/2021 9:04:47 AM PDT by precisionshootist
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