Explainer: Here Are All The Ways Biden’s Vaccine Mandates Violates Constitution

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Biden’s oath of office was as follows…

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

And yet, when he announced Thursday that he was forcing the vaccine on 100 million Americans, he violated the Constitution in the following ways:

  1. There is no power enumerated to the federal government to require forced drugging of the Citizenry. This power (if it exists at all, and it does not) rests in the states under the 10th Amendment which reads, “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.”
  2. By forcing the mandate upon “large businesses only” it punitively singles out only one class of U.S. Citizen – large business owners – and their employees. This is in contradiction of the Equal Protection Clause of the 14th Amendment. It reads, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In short, to treat a business-owner with 100 employees differently than that with 99 employees, is a violation of this act.

But these blatant violations of state law aren’t the only infractions of U.S. law committed by Joe Biden.

According to the Constitution Institute…

“In general, two key Supreme Court decisions speak to the authority of state and local officials to issue vaccine mandates.  Generally, these decisions concluded that these governments may tell people to get vaccines, unless they belong to an exempt group, or face a penalty. In 1905, the Supreme Court ruled in Jacobson vs. Massachusetts that under a state law local health authorities could compel adults to receive the smallpox vaccine. Henning Jacobson refused a free smallpox vaccination that was mandated by the city of Cambridge; he was fined five dollars as a result. Jacobson argued the vaccination law violated his 14th Amendment due process rights.

Justice John Marshall Harlan, writing for court’s majority, concluded that states under their general police powers had the ability to enact vaccine laws to protect citizens. Police powers allow a state to pass laws to protect the health, safety, and general welfare of the public. “It is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health,” Harlan wrote.

The second decision, Zucht v. King in 1922, arrived at a similar conclusion. San Antonio, Texas, excluded students from public and private schools who were not vaccinated for smallpox. This included the challenger in the case, Rosalyn Zucht. Her attorneys argued the vaccine policy violated Zucht’s 14th Amendment due process rights. Justice Louis Brandeis wrote in the Court’s decision that “long before this suit was instituted, Jacobson v. Massachusetts, had settled that it is within the police power of a state to provide for compulsory vaccination.”

According to the Congressional Research Service’s most-recent analysis, the general principles in Jacobson and Zucht form the basis for modern vaccine mandate policies, even though the Court’s interpretations of the 14th Amendment have changed since 1922.

In a recent lawsuit, a federal court declined to grant an injunction against a public university’s vaccine mandate. Eight Indiana University students had sued the school over a mandatory vaccine policy that blocked students from registering for class if they were not vaccinated. Under the university policy, students could apply for a medical or religious exemption if they agreed to wear masks and undergo Covid-19 testing. On August 2, 2021, a federal appeals court upheld a lower court ruling in favor of the university, finding there was not enough evidence that the students’ constitutional rights were being violated;  the decision may be appealed to the U.S. Supreme Court. Another recent lawsuit filed by a law professor at George Mason University has challenged that school’s vaccine mandate as well.

Related We The People Podcast: Are Vaccine Mandates Constitutional?

However, the broad powers held by states to control vaccine policy can also be used by state governments to block vaccine mandates, in certain situations, at lower government levels and in the private sector. As of August 2, at least 14 states had enacted Covid-19 related laws that barred employer vaccine mandates, school vaccine mandates, or vaccine passports.

At a federal level, the vaccine mandate question is more complicated. With few exceptions, the CRS says there are no laws that allow the federal government to issue a vaccine mandate to the general population. These exceptions include requiring proof of vaccination for immigrants requesting permanent resident status and vaccine mandates for military service members—allowing for certain exemptions. Recently, President Joe Biden ordered federal employees and contractors to attest to getting vaccinated or undergo weekly testing and other safety protocols.

According to the CRS, several federal vaccine mandate actions are theoretically possible. The Executive Branch could cite Section 361 of the Public Health Service Act (or PHSA), which allows the Department of Health and Human Services or the Centers for Disease Control and Prevention (CDC) to make necessary measures “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”

Under the Constitution’s Spending Clause, Congress could provide financial incentives for states to enact mandates.  It could also regulate vaccine requirements related to interstate travel under the Commerce Clause.  But any federal actions to enforce or incentivize vaccine mandates may face legal challenges based on the 10th Amendment’s prohibition on commandeering or forcing states to use their own resources to carry out federal policies.”

In short, if such powers exist, they exist only to the individual states.

Furthermore, the 1964 Civil Rights Act provides for exemptions under such laws.

Title VII of the Civil Rights Act 1964 requires such (from the Liberty Counsel):

Let’s get straight to it: there are Americans who don’t want to take the vaccine, but also don’t want to be fired for not taking it. That’s where Title VII of the Civil Rights Act of 1964 comes in. This federal law, which applies to all 50 states and every American territory, requires employers to make reasonable accommodations for both legitimately-held religious beliefs and medical exemptions.

Straight out of 42 U.S. Code § 2000e-2, what you need to know is there in black and white:

“It shall be unlawful employment practice for an employer — (1) to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex or national origin.” (emphasis added).

Religious exemptions should, and must be accommodated, under the law.

For such a religious exemption, please contact jordan@gideonknoxgroup.com.




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