The Will of the Mandate

Jacobson v. Massachusetts 197 U.S. 11 (1905) Henning Jacobson objected to a Massachusetts law requiring citizens to receive a second smallpox vaccination during an outbreak. Both Jacobson and his son, already taking the first vaccine, suffered side effects from the vaccine refused. Citing possible side effects of receiving the second vaccine, Jacobson refused and was fined five dollars, which he paid. What's five dollars worth today? A hundred bucks? I don't know. The Supreme Court at that time ruled the State of Massachusetts was within their right to insist citizens take a second shot. Yes, Jacobson could have either taken the second shot, accepted the side effects, or simply paid the fine. Instead, he took the case to the Supreme Court and, essentially, wrote the script that would be read verbatim one hundred sixteen years later. A Supreme Court, which included Oliver Wendell Holmes, said that citizens do not have the right under the Constitution to exercise their individual liberties because there are "manifold restraints to which every person is necessarily subjected for the common good." Further stating that State legislatures (not federal. Let me repeat that, NOT FEDERAL) have the constitutional authority to enact compulsory vaccination laws and exercise police power to restrict or eliminate liberty during a smallpox outbreak. Whether or not they got the decision correct is purely a matter of interpretation. What I want to point out is that the decision was left up to the state! There were no federal task forces at the time. So, it couldn't have been federally mandated. Therefore, as a model for 2021, it should not be used.

But it is...

President Joe Biden made unprecedented history today, November 4, 2021. Announcing his administration ordered U.S. companies must certify their employees are fully vaccinated by January 4 or submit to regular testing for Covid-19. Some say the January date gives employers the chance to offer employees paid time off to take the shot and, if necessary, recover from any illness due to the shot. Others contend the first of the year deadline has more to do with companies not wanting to lose many of their unvaccinated employees before what's bound to be this nation's last Christmas celebrated under the pretense of freedom. The Occupational Safety and Health Administration (OSHA) has announced it will implement an Emergency Temporary Standard (ETS) for taking the vaccine or start weekly testing and continued mask mandates. Mask mandates will continue to include the vaccinated, too! What does this mean for you and me? Suppose you are a federal worker, contractor, or someone who works for a company that employs more than 100 people (soon, it may extend to companies with fewer than 100 employees). In that case, you must submit to receiving a vaccine or regular testing for the virus.

Bear in mind, the costs for these tests may very well come out of your pocket. It isn't very likely any insurance company will want to foot the bill for tests costing on or around two hundred dollars per test per week. Some rumors contend that testing could become daily. Companies will be fined $14,000 per employee for non-compliance and up to $136,000 for willful disobedience. No prizes guessing which direction most companies will go. Nor is it difficult to predict that there will be a surprising number of employees who will choose to give up their jobs and, in many cases, their family income rather than yield to the mandate. Workers must receive their second shot of Pfizer, Moderna's two-dose vaccines, or a single dose of Johnson & Johnson by January 4. As of now, there has been no mention of receiving a booster shot.

Religious exemptions? Never heard of them! If you choose to go that route, that's the response you may receive from your H.R. Director. Still, RE's are being offered as a way out of taking the jab; the accommodations provided in return won't accommodate you. In many cases, your only accommodation will be a voluntary leave of absence. In the past, corporations have given much latitude to religious exemptions. It doesn't seem so in this case. In the vernacular us common folk, voluntary leave of absence means termination. FIRED!

First of all, is this legal – under any law? After his speech on September 9, a reporter called out, "Is this Constitutional?" Biden refused to answer the question as he left the stage. Well, is it? Have you ever heard of the golden rule? No, not that rule, the other one. You know, the one that says, the man with the gold rules! The question of the legality of this mandate or any other is more or less academic at this point. Does anyone know what the definition of a mandate is?

A mandate is a judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey. People want to know if the president of the United States has the authority to force its citizens to take something into their bodies they do not wish to. From a legal standpoint, a law is only as effective as those who enforce it. For all intents and purposes, Joe Biden and the democratic party are in charge of this country. That means, as unfair and unconstitutional as it may sound, they are free to interpret the law any way they see fit. In many cases, they are ignoring it altogether.

Pointless as it may be, what does the Constitution say about this? Again, please don't blow a fuse when you read this, but nowhere does it cite presidential authority to dictate what citizens can and can't take into their bodies. Did you know that the president doesn't have the power to tell the legislative branch of congress, made up of the House of Representatives and Senate, to take the vaccine? Still, he feels he has the authority to tell three hundred, fifty million Americans they have to? I bet you didn't know that, did you? Articles 1and 2 of the Constitution are entirely void of any text granting the president power to regulate public health at the federal level. The 10th Amendment of the Constitution clearly states that 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. Are you seeing the big picture? He doesn't have the authority to tell any state, on any level, what to do. Hey, don't shoot me; I'm just the messenger!

How does the president get away with this subtle sleight of hand? It's all in the wrist. Or in how you wish to interpret what he says. He wasn't telling the citizens of this nation they will get vaccinated; he was telling the citizens of this nation he would put the wheels in motion by way of delegation. In other words, he is transferring the logistics to his Labor Department via OSHA, which, in turn, implemented the ETA. All under the cloak of Americans being in danger and the only reprieve is forced vaccination.

U.S. Labor Secretary Marty Walsh had this to say, "COVID-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases. We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19. Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect."

Just how devastating is this virus that it has all but shut down an entire nation? A virus so deadly that any facial covering that will cover your nose and mouth must be worn at all times when science clearly tells us they are not rated to stop not only the coronavirus but both cold and flu viruses.

According to the Centers for Disease Control (CDC), the mortality rate is lower than initially predicted. The U.S. mortality rate of 1.6% falls below the global rate, which is slightly over 2%. That is a substantial difference from the rate of over 3% that was once hyped. Consider what 1.6% means in a country of over three hundred, fifty million people. Considering how many of those three hundred, fifty million are carrying antibodies due to getting the virus and recovering. This is the deadly virus that is responsible for practically shutting down an entire world? Yet wearing the bandana your dog wore to the dog park yesterday is sufficient to get you into any restaurant and on any plane? You mean the virus that all but stopped professional sports one year ago, where coaches on the sidelines grudgingly wore masks, but players didn't. Where fans wore masks in the stands (except Dr. Fauci), and one year later, you have to rewind your DVR to catch a glimpse of at least one person wearing a mask in any football stadium. A virus so deadly that professional sports are essentially maskless?

Remember what I said earlier about the man with the gold rules?

Whatever happened to good, old-fashioned rest, plenty of vitamin C and liquids as a remedy to get over viruses like the cold, flu, and coronavirus? Yes, Covid-19 can kill, and it does have a higher death rate for people over sixty years of age. So does the flu! We were told that children had little chance of contracting the virus and needed no masks just months ago. Today, children as young as five are approved for the vaccine. Science, anyone?

Fear not! For those who resist the mandate but are unsure how to fight it and the Biden Administration, the Daily Wire has filed a lawsuit against the federal government over the president's mandate requiring large companies to ensure their employees get vaccinated or submit to regular testing. "The Daily Wire will not comply with President Biden's tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach," said Daily Wire Co-Founder and Co-CEO Jeremy Boreing. "President Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree."

Governor Ron Desantis of Florida and nine other states are suing the Biden administration, citing unlawful mandates. "The federal government is exceeding [its] power, and it is important for us to take a stand because, in Florida, we believe these are choices based on individual circumstances," Desantis said in a statement. According to the Constitution, he's correct! On July 23, 2021, Press Secretary Jen Psaki is quoted as saying, mandating vaccines "... is not the role of the federal government." This comes from straight from line 42 of Case number No. 8:21-cv-2524, from United States District Court of Middle District of Florida, Tampa Division. Do you see the contradictions? How can you not? This shouldn't be a partisan issue, but it has become one. Perhaps not since the Civil War has this nation been as divided, and we know what comes next. Shortly after, President Biden made this statement, "... our patience is wearing thin." This was targeted towards anti-vaxxers. If the truth is what you are seeking, you have to ask yourself, where did he suddenly get the authority when just weeks earlier his Press Secretary claimed he didn't have it?

Mandates are not objective realities but subjective interpretations of elections sold successfully by the winning candidate or party – Thomas E. Mann