So here is an interesting legal question. Given that the courts have ruled that under Federalism, Federal law trumps state laws that are in conflict, how about the following scenarios.
Presidential EO vs State Law
Presidential EO vs State EO
Can a President, without supporting law from Congress, use the EO authority to “trump” state law? I am of the opinion that no, he cant.
But lets ask the question backwards. Can a state law prohibit or even burden the federal government’s execution of the EO? I would think not. Given that the Constitution enumerates that the President is the head of the executive branch, it would seem that the President has wide authority to specific the conduct of the Federal government. But what about other business and enforcement via OSHA? But is there a limit? Can the Federal government do anything it wants inside of a state? Can it simply ignore state law?
Lastly, where is the break down of State’s rights / 10th amendment. I am of the personal opinion that unless the Constitution enumerates a power to the Federal government, that power is reserved to the State. In this case, a vaccine mandate does not appear in the Constitution and as such, should be reserved to the State.
I suspect that this is going to get sorted out by the courts and ultimately SCOTUS.
“Lastly, where is the break down of State’s rights / 10th amendment. I am of the personal opinion that unless the Constitution enumerates a power to the Federal government, that power is reserved to the State. In this case, a vaccine mandate does not appear in the Constitution and as such, should be reserved to the State.”
that’s where i would bet my money no states rights, no constitution, no republic. breach of contact
“Can a President, without supporting law from Congress, use the EO authority to “trump” state law? I am of the opinion that no, he cant.”
My question is, what can and will a governor do when OSHA cites a company? I really don’t see what they can do. The knee jerk reaction is, “don’t pay the fine”. That’s not going to work. The employer will inevitably end up in the federal court system for failing to pay the penalties.
This Federal vs States has already been determined. When states and cities decided that they would give sanctuary to illegal aliens the Feds should have stopped it as a breach of Federal law. They chose not to. That set a precedent for ignoring Federal law. It may come back to haunt them. What Federal laws do we obey and which can we ignore?
How about ipersonal God given rights vs. any of these…
SO FAR:
NO LAW FROM CONGRESS
NO EXECUTIVE ORDER FILED
This is all smoke & mirrors including huge media support.