"CDC Director Walensky to reorganize agency [??? emphasis added] after admitting Covid pandemic response fell short ..."
FR: Never Accept the Premise of Your Opponent’s Argument
The first thing that non-elected, election year bureaucrats running the constitutionally undefined CDC need to do in reorganizing agency after dissapointing CV19 "guidance" is the following imo.
CDC needs to first lead Congress to successfully petition the states for a new constitutional amendent that will do the following.
If the states choose to ratify proposed amendment, it will give the feds the specific power to dictate medical policy for the states so that the very corrupt, post-17th Amendment ratification feds do not have to continue stealing state powers to do so.
In fact, here are expert clarifications that the states have never expressly constitutuonally given the feds the specific power to deal with INTRAstate healthcare, not even to try to stop spread of contageous diseases.
First noting the 10th Amendment, we will begin with an excerpt from the writings of President Thomas Jefferson.
"10th Amendment: 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."
"Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.
"They form a portion of that immense mass of legislation, which embrace every thing in the territory of a state not surrendered to the general government. Inspection laws, quarantine laws, and health laws [emphasis added], as well as laws for regulating the internal commerce of a state, and others, which respect roads, fences, &c. are component parts of state legislation, resulting from the residuary powers of state sovereignty. No direct power over these is given to congress, and consequently they remain subject to state legislation, though they may be controlled by congress, when they interfere with their acknowledged powers." —Justice Joseph Story, Article I, Section 10, Clause 2, 1833.
“Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
Below are excerpts from Supreme Court case opinions and congressional record that don't mention quarantine, but support the constitutional reality that healthcare issues, politically correct (imo) mandating of masks argued to slow spread of contagious diseases for example, is a state power issue, not the business of the feds.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]” —Gibbons v. Ogden, 1824.
From the congressional record, clarification by Rep. John Bingham, the main author of Section 1 of the 14th Amendment:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
“Direct control of medical practice in the states is obviously beyond the power of Congress [emphasis added].” –Linder v. United States, 1925.
Corrections, insights welcome.
Excellent post on the 10th Amendment, to be expected with your screen name!