The Constitutional issue of vaccine mandates

The COVID 19 vaccinated, unvaccinated and antibodied should vehemently oppose direct or indirect government vaccine mandates because they are a violation of Constitutional civil rights and set precedent for the government to dictate any requirement in the name of public health and safety. For example, Joe Biden’s $3.5 trillion budget bill backdoors a vaccine mandate by instructing the Occupational Safety and Health Administration (OSHA) to increase fines to $700,000 per incident for businesses who do not meet COVID 19 standards for a safe workplace. While the words “vaccine,” “mask” or “mandate” do not appear in the text, this bill gives OSHA a green light to jack boot you through your employer.

It is one thing to take a vaccination voluntarily, but to be forced is oppressive and tyrannical. The government would argue that you are not being forced by the government, which is clearly unconstitutional. Your employer is “requiring” the vaccine for you to remain in your job. Notwithstanding, this is an indirect mandate because the government is able to fine your employer to the extent of bankruptcy if vaccinations are not required in the workplace. This is nothing short of a government mandate of a vaccine. Same applies to the government extending its vaccination mandate to government contractors. This invades your right to privacy—your body, your choice. It also opens the door to greater oppression.

Already, vaccine mandates are infringing on Constitutionally-guaranteed rights. Los Angeles passed a vaccine mandate for most everything except grocery stores and pharmacies. In the wake of that, California Democrat Governor Gavin Newsom signed a law mandating toy stores to have gender neutral toy aisles. One mandate leads to another. In a complicated First Amendment case against Western Michigan University, the US District Court ruled the university violated 16 student athlete’s rights by denying their request for religious exemption from the university’s vaccine mandate. The court noted, however, that an appeal challenge will likely succeed.

US District Court Judge Paul Maloney used a 1905 Supreme Court smallpox ruling to deny blocking Michigan State University’s vaccine mandate for those with natural antibody immunity from previously having COVID 19. In this 116-year-old ruling, Jacobson v Massachusetts, SCOTUS upheld the state’s mandatory smallpox vaccination law over a pastor’s religious liberty rights, saying the common good trumped religious rights in the state’s emergency situation. Given what is now known about COVID, vaccine efficacy and treatment, the common good of a vaccine mandate likely does not outweigh infringement of Constitutional rights now or in the future. Isaiah 10:1 says, “Woe unto them that decree unjust statutes and record oppressive decrees.” What you put in your body should be your own business, and right, not the government’s.

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Bill Wilson

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