Friday, December 24, 2021

Unconstitutional COVID Mandates Stopped in Florida by Federal Judge

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

In Florida a federal court has temporarily blocked the Biden administration’s COVID-19 vaccine mandate for federal contractors, marking a small win for the sunshine state as litigation over the matter continues.  Florida is one of nineteen States suing the Biden administration over the federal vaccine mandate for government contractors and one of twenty-four States suing regarding vaccine mandates for school personnel and mask mandates for children.  The former order comes from Biden's September 9 Executive Order 14042, which unconstitutionally makes an executive order "legally binding," and there is no authority in the Constitution that grants to the executive branch any "legislative powers" like what Biden is wielding with his executive mandate.  All law creation, modification, and extermination are solely the authority of the United States Congress, first of all; as per Article I, Section 1; All Legislative Powers herein granted shall be vested in a Congress of the United States.  Secondly, the Fifth Amendment prohibits the federal government from depriving any person of their life, liberty or property without due process.  Liberty includes freedom of choice in personal matters.  Thirdly, there are no authorities in the U.S. Constitution to the federal government regarding any involvement domestically regarding the activities of the citizens, especially in terms of the relation of those activities to a medical situation, health care, or whether or not a person must wear medical gear on their face.

How has it that the Administration has assumed the President suddenly has such sweeping powers?  Were these not the same people who accused President Donald J. Trump of similar authoritarianism (and even went so far as to call him a fascist) even though during his presidency there were no executive orders issued by President Trump creating, modifying or repealing federal law?  Upon my own inspection, all of Trump's executive orders were associated with the execution of existing federal laws on the books.

The claim by some may be that the executive orders by the Biden Administration in question are regarding federal employees, federal contractors, and children who attend educational programs that receive federal funds, thus, granting the President the authority to make such demands.

Except, there are also no constitutional allowances for the President to make law for even federal employees without the congressional lawmaking process being followed in the first place, and secondly most of these employees, contractors, and students participate in federal functions that are not constitutionally allowed as being a federal function in the first place.  For example, there is no mention of the federal government having any authority regarding education in the Constitution, whatsoever.  Funding for schools is supposed to come from the States and private sources, and any curriculum, rules for schools, and hiring of educational personnel is supposed to be all done locally by the community (and more specifically, the parents).

What will likely be a temporary stoppage of the federal government's illegal domestic activity regarding vaccinations for federal employees and contractors was handed down by U.S. District Judge Steven Merryday on Wednesday, granting a motion by Florida Attorney General Ashley Moody for a preliminary injunction.

The case in question was filed by Florida and other States on October 28.

While the Biden mandate for federal employees allows for medical and religious exemptions, the military mandate that is in place does not, a lack of uniformity that also screams in the face of the Biden Administration's lawless trek through the pandemic issue.

President Biden has warned there will be "death and disease" for the unvaccinated if they continue to defy his edicts.  The CDC issued a similar warning of death and disease during the Christmas Season should you refuse to get vaccinated.  According to their own numbers (VAERS: Vaccine Adverse Event Reports), however, it's the vaccinated who are in danger, not those who trust their individual natural immune systems.  If you dare to disagree, and you indicate so online, Biden's Department of Homeland Security Secretary has given online platform providers the okay to carry out their Brown Shirt shock troop desires of shutting down anyone who fails to comply with Biden's rules against Freedom of Speech, especially when its deemed to be in disagreement with their political stance regarding COVID-19, or any of the Cultural Marxism stances they have taken (opposition to their Marxist stances in the social arena is being labeled "Hate Speech").

In short, the message is "Obey without question or death may be your punishment, all dissent will be silenced."

Hardly a message of American Liberty, don't you think?

-- Political Pistachio Conservative News and Commentary

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