Dave Hakes' – Maui Life


"I must do something!" will always solve more problems than "Something must be done"

SCOTUS v Mandates

Posted by delta on January 9th, 2022

OK – after looking at the headlines around the world it is easy to see that people simply don’t understand how this works. It is not a powerplay over judicial v executive. It is about the constitution and our Bill of Rights…

The Executive Branch of our government does not have emergency powers for anything other than certain “emergency” war, police or natural disaster events – even then, in most cases, the President still has to ask Congress for these powers once the initial “emergency” is over… That is exactly why Trump had to step aside and give the power to the Governors when he did – most states give their governors emergency powers which are much broader within the States themselves than we give at the Federal level…

The 10th Amendment to the Constitution says:
“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.”

We’ve all seen the abuse of power that our state governors have taken advantage of in the last few years – could you imagine our President having those powers? There would be no Bill of Right – No Constitution – No United States… Those of you who think this would be a good thing do not realize the situation it would put you in…

Now, Congress can pass laws or create bureaucracies to deal with these situations – it is in fact their job – but the President can not (that would make him a “King” or “Supreme Leader”). We don’t want our President to have such powers – you may trust the one in office today to “do the right thing” but what about the next one or the one after that…? If we allow it for this instance, what happens next time under the direction of someone you don’t trust?

The Executive Branch often jumps the gun in the use/abuse of power.
Thomas Jefferson screamed at the top of his lungs about the power we could potentially give the executive branch without realizing what we were doing. What did he do as President? Anyone remember the Louisiana Purchase from HS History? He didn’t even know if it was legal when he did it – but he did it anyway – luckily Congress later backed the idea…
When Lincoln suspended habeus corpus, he did so to put down what he thought was an insurrection only later to be struck down by the courts which stated that “only congress has the power to suspend habeus corpus”…

What is at issue here is: when Congress created OSHA they did not give OSHA the mandate to do what it is being asked to do. Constitutionally, this lawsuit is pretty black and white – this is the first lawsuit and it will most likely be knocked down…

The second law suit concerns workers in Healthcare facilities that receive Medicare and Medicaid funds. Congress “may have” given the bureaucracy which runs Medicare and Medicaid the powers to mandate the vaccine when they created the system – depends on how the charter is read, the person reading it and their ideology…

If either of these mandates would have come down as laws directly from congress, instead of a mandate from the President, there would be no lawsuit – Congress has the power to make laws. They won’t touch this one – if they did, they would lose their job this year and the new congress would undo everything they did… There is too much pressure from the public and none of these folks want to lose their gig…

That is it in a nutshell…

The fact that Comirnaty (the only vaccine which has actual FDA approval) is not made, shipped to nor available in the United States was not considered in either argument…
The fact that these mandates are illegally forcing people to be test subjects for “Emergency Use Authorized” jabs was not considered in either argument…
The fact that these EUA jabs are nothing more than time released symptom suppressants with unknown side effects and no liability to anyone in the manufacturing or distribution (supply) chain was not considered in either argument…
The fact that these jabs were created to protect from a variant that no longer exists and does not protect anyone against “getting” nor “passing” the new variants on to others was not considered in either argument…

It is simply a constitutional issue at the moment… The United States is a government of laws, not feelings… We are not at the mercy of an individual who may not be thinking straight today due to a feeling based on that individuals strong ideology on specific topics – we have checks and balances… At least we do at the moment…

Whether you like it or not, you want to assure these checks and balances stay in place… You may not realize it, but these checks and balances protect your right to think what you’re thinking right now… to feel what your feeling right now… and to do what you’re going to do five minutes from now…

News from the last few days:
2022/01/07 – New Data Out of New York Differentiates Between Patients Hospitalized as a Result of Covid-19 and Those Who Later Tested Positive
2022/01/08 – Joe Biden a Placeholder President
2022/01/10 – Congressional action shows OSHA vaccine mandate is a bald-faced power grab

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