Biden’s Vaccine Mandates and Texas’ Response – Who Wins?

by | Nov 16, 2021 |

Print Friendly, PDF & Email

In a recent press briefing, Jen Psaki responded to a question about Texas standing up to Biden’s threatened vaccine mandate with federal law trumps state law. They say the best lies contain a kernel of truth. What does the Constitution say about federal law always trumping state law? It only takes a little bit of research to find out.

When Ms. Psaki talks about federal law trumping state law, she was referring to the Supremacy Clause, found in Article VI, Clause 2 of the Constitution of the United States:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. – U.S. Constitution, Article VI, Clause 2

To understand this clause, we need to break it down. The Supremacy Clause lists three things that are the supreme law of the land.

First, the Constitution of the United States is the supreme law of the land.

Second, the laws of the United States are supreme, but not all laws of the United States. Only the laws of the United States made pursuant to the Constitution are considered supreme. Meaning laws…

Done in consequence or prosecution of anything; hence, agreeable; conformable. – Pursuant – Websters 1828 Dictionary

Since only the laws of the United States made pursuant, or conformable, to the Constitution are given the high place of supreme law of the land, weve already shown that Ms. Psakis statement isnt entirely correct. Before we get into that, though, lets look at the third thing thats the supreme law of the land.

Third, treaties made under the authority of the United States are also considered supreme. Where does the United States get its authority? From the Constitution, of course. Together, we see a hierarchy of supremacy. At the top is the Constitution of the United States, then below that document, we have U.S. laws made pursuant to it and treaties made under the authority granted by it.

Vaccine Mandates

With this in mind, lets look at the question of Bidens vaccine mandates and Texasresponse to it.

No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including any employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. I hereby suspend all relevant statutes to the extent necessary to enforce this prohibition. – Texas Executive Order GA-40

So here we have two competing orders, one from the government in Washington, D.C. telling private companies they must require vaccines, the other from the government of Texas saying they cant. So which one wins? Lets start with the federal question.

President Biden announced his intention to sign an executive order requiring employers with more than 100 employees to mandate COVID-19 vaccinations as a condition of employment. While I have yet to find the actual executive order, the Occupations Safety and Health Association (OHSA), a division of the Department of Labor, has proposed regulations putting President Bidens intentions into law.” But is that the supreme law of the land? To answer that, we have to answer two questions, is this regulation law, and was it made in pursuance of the Constitution?

WATCH THE VIDEO AND SUBSCRIBE ON RUMBLE

Is It a Law?

A rule, particularly an established or permanent rule, prescribed by the supreme power of a state to its subjects, for regulating their actions, particularly their social actions. – Law – Websters 1828 Dictionary

So, is an OSHA regulation a rule prescribed by a supreme power of a state to its subjects? I would say yes. The government of the United States has delegated the power to establish rules for regulating actions, but is this rule being made pursuant to the Constitution?

Is It Pursuant to the Constitution?

Here is where Ms. Psakis statement falls apart. First, Article I, Section 1, Clause 1 of the Constitution states:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. – U.S. Constitution, Article I, Section 1, Clause 1

Legislative powers are defined as:

Capable of enacting laws; as legislative power. – Legislative – Websters 1828 Dictionary

If all legislative power, the power of enacting laws, is delegated to Congress, how can OSHA, which is a part of the executive branch, enact law? Sure, when Congress passed the legislation that created OSHA, they gave their creation regulatory power. However, the Constitution does not authorize Congress to delegate its legislative power, so that legislation was not made pursuant to the Constitution. Furthermore, while I havent read the legislation, Ive been told that creating vaccine mandates is not a power Congress supposedly gave to OSHA.

Being pursuant to the Constitution is not only simply about the question of Congress delegating its lawmaking power to the executive branch. Enter the Tenth Amendment:

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. – U.S. Constitution, Amendment X

In order for a law to be made pursuant to the Constitution, it must enact a power delegated to the United States by the Constitution. Look all you want, but you will not find the power to regulate private businesses, or their employees, delegated to the United States. Neither is the power to regulate the healthcare decisions for millions of Americans delegated to the United States. Since the Tenth Amendment states that powers not delegated to the United States are reserved to others, any legislation Congress may pass to enact those powers is not pursuant to the Constitution.

Laws Not Pursuant to the Constitution?

So, where does that leave Bidens mandate?

There is no position that depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. – Alexander Hamilton – Federalist Paper #78

So if every act of a delegated authority contrary to its commission is void, what does that say about OHSAs regulation? For that matter, what does it say about the legislation that created OSHA, without that power being delegated to the United States?

No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. – Alexander Hamilton – Federalist Paper #78

So if the legislative act that created OHSA cannot be valid, meaning the agency itself is invalid, how can a regulation they promulgate be valid? To claim that anything OSHA does is valid means they are not only doing what they are unauthorized to do, but what they are forbidden to do.

Mr. Hamilton pointed out that this idea that the federal government can do whatever it wants, even in contradiction to the Constitution that created it, is ridiculous The very idea that the representatives of the people are superior to the people was as unthinkable to Mr. Hamilton as your deputy being superior to the sheriff or a servant being superior to their master. Yet that is the state of affairs today in America.

Now you may point out that the Federalist Papers are not law; rather, they are commentaries in support of ratification of the Constitution as originally presented to the states. However, this idea that Congressional actions contrary to the Constitution are void was recognized by the Supreme Court:

Certainly, all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently, the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void. – Marbury v. Madison Opinion

So if the act of the legislature that created OSHA is repugnant to the Constitution, which I have already shown makes it void, where does that leave the vaccine mandate and the Texas executive order?

Texas Executive Order

At first, you may think this proves the Texas executive order wins this battle. Before you jump to that conclusion, though, lets look at it again.

No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. I hereby suspend all relevant statutes to the extent necessary to enforce this prohibition. – Texas Executive Order GA-40

The problem with the Texas executive order is not that its superseded by federal law, but that it violates the constitutions of both Texas and the United States. It is perfectly legal for Texas to tell Washington, D.C. that their mandate violates the agreement the states have, and therefore cannot be enforced within the state. However, neither the state nor federal governments have the authority to deprive private business owners control of those businesses. Both constitutions prohibit depriving these business owners of the property they have in their businesses, including control of those businesses.

So Ms. Psaki was wrong; not all laws of the United States are superior to state laws. Of course. that doesnt mean that the Texas executive order doesnt have its problems as well. Either way, knowing what the Constitution actually says makes all the difference in the world. Perhaps if the administrations in both Austin and Washington, D.C. read and studied the Constitutions they took an oath to support, we would have fewer of these conflicts and illegal orders.

Paul Engel

Author and speaker Paul Engel has spent more than 20 years studying and teaching about both the Bible and the U.S. Constitution. That experience helps Paul explain difficult concepts in a way most people can understand. As one manager described, “Paul can take the most complex idea and explain it in a way my grandmother can understand.” Freely admitting that he “learned more about our Constitution from School House Rock (a Saturday morning cartoon) than in 12 years of school,” he says that anyone can be a constitutional scholar. Since 2014 I have been helping everyday Americans read and study the Constitution of their country and teaching the rising generation to be free. Using news and current events as a springboard, I explain the Constitution and encourage others to stand up and secure the blessings of liberty for themselves, their children, and the nation.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

Disclaimer: The information contained in this website is for educational, general information, and entertainment purposes only and is never intended to constitute medical or legal advice or to replace the personalized care of a primary care practitioner or legal expert.

While we endeavor to keep this information up to date and correct, the information provided by America Out Loud, its website(s), and any properties (including its radio shows and podcasts) makes no representations, or warranties of any kind, expressed, or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to its website(s) or the information, products, services or related graphics and images contained on the website(s) for any purpose.

The opinions expressed on the website(s), and the opinions expressed on the radio shows and podcasts, are the opinions of the show hosts and do not necessarily represent the opinions, beliefs, or policies of anyone or any entity we may endorse. Any reliance you place on such information is therefore strictly at your own risk.

At no time, nor in any event, will we be liable for any loss, or damage, including without limitation, indirect or consequential loss of data or profits arising out of, in an association of, or connection with the use of this website.

Through this website, users can link to other websites that may be listed. Those websites are not under the control of America Out Loud or its brands. We have no control over the nature, content, or availability of those sites. America Out Loud has no control over what the sites do with the information they collect. The inclusion of any links does not necessarily imply a recommendation, nor does it endorse the views expressed with or by them.

Every effort is made to keep the website up and running smoothly. However, America Out Loud takes no responsibility for, nor are we, and will not be liable for being temporarily unavailable due to technical difficulties beyond our control. America Out Loud does not sell, trade, nor market email addresses or other personal data.

Use the code ‘OUTLOUD’ and receive your 20% discount on your first order.

COVID Q & A with Dr. Peter McCullough #12

COVID Q & A with Dr. Peter McCullough #12

I thought one had lifetime immunity once getting covid. I’ve already had Covid-19. Can I still get infected with the Omicron variant? How accurate are the Covid 19 antigen tests? If they’re not accurate, how do I find out for sure if I had Covid? My heart feels like someone is holding it and squeezing it gently, is there a blood test to see if I got an injury from the vax? We’ll answer a record number of questions with Dr. Peter McCullough…

Omicron Variant is Mother Nature’s COVID-19 Immunity Booster

Omicron Variant is Mother Nature’s COVID-19 Immunity Booster

Despite Omicron having a lower estimated transmissibility index than Delta, it has a replication speed of ~70X that of prior variants and explains why it has edged out Delta as the predominant variant. This means for most; there will be a viral malaise and possibly mild nasal congestion for 1-3 days and then resolution. Many have said the Omicron syndrome feels like a COVID-19 vaccine booster…

Capitalism Killed Off Communism; Here is China’s Dilemma

Capitalism Killed Off Communism; Here is China’s Dilemma

China’s vast labor pool, mostly low-paid, uneducated people from China’s interior who are no longer interested in the CCPs propaganda, are experiencing the joys of Capitalism and want a piece of it. As they are not unionized and the CCP has a vast military-security apparatus ready to settle labor problems, the tension will build up into seething resentment until a break does occur…

When Government Fails to Protect Your Rights…

When Government Fails to Protect Your Rights…

We’ve already seen governments claim the authority to control what you can say, how you run your business, even what you put into your body. All of these are infringements of the people’s rights protected by the Constitution of the US. Perhaps it’s time We the People remind our employees in government of the consequences of failing to protect our rights…

It’s Christmas 2021, and Jesus Is Still Not a Socialist

It’s Christmas 2021, and Jesus Is Still Not a Socialist

What progressives may not understand is that not only was Jesus not a socialist, but socialism in and of itself breaks several of the Ten Commandments. It’s safe to say that Jesus was not a socialist. He was far from it. Many of the things he said, parables he preached, stories he told, and messages in the Bible all back up the fact that governments should not be responsible for making life “equal” for all people…

Dr. McCullough Counters Pres. Biden’s Dark Holiday Message With Hope and Compassion

Dr. McCullough Counters Pres. Biden’s Dark Holiday Message With Hope and Compassion

The darkness that Pres. Biden mentioned, and the winter of death is more driven by the aggressive push of a vaccine program than the SARS-CoV-2 respiratory illness. On the McCullough Report this week, we have an extensive discussion with molecular biologist and research physician, Dr. Robert W. Malone, who has been credited with seminal work on mRNA vaccines…

McCullough Responds to Biden’s Dark Winter on The Ingraham Angle

McCullough Responds to Biden’s Dark Winter on The Ingraham Angle

We’ve learned so much about COVID-19. Our treatment of COVID-19 is causing large numbers of individuals to avoid the hospital, avoid death, recover and then have natural immunity. It’s a very positive story as we’re working our way through the pandemic. Americans have suffered enough. And in my view, they don’t need a strong negative message moving into the holiday…

Biden & Fauci Ostracize the Unvaccinated from Christmas Gatherings

Biden & Fauci Ostracize the Unvaccinated from Christmas Gatherings

The latest reports say that vaccinated people still get the Wuhan Virus. So, if you invite vaccinated people over for Christmas, they may still spread the Wuhan Virus. If both vaccinated and unvaccinated people can get the virus and spread the virus, what is the difference? The purpose of this decree is ostensibly to protect your health. The real reason is to condition you into…

Addicted to Communism

Addicted to Communism

For decades now, American universities have become breeding grounds for young wild-eyed communists like Obama, Sanders, and AOC. All addicted to a belief system that no matter that the lessons of history have shown Communism to be a failed ideology, the Obama’s, Sanders, and AOC’s of the world are convinced…

Liberty vs. Tyranny In New York Over Politics For Profit

Liberty vs. Tyranny In New York Over Politics For Profit

Since when is it normal for children of this age group to experience a health crisis of sudden cardiac arrest? Never in the history of this planet has there been such an evil epidemic where children K-12 are suffering from heart disorders, seizures, or die suddenly from cardiac arrests. These abusive lawmakers should be held accountable and tried as domestic terrorists for playing their part in an agenda that maimed the lives of innocent children…

Your Source for Free Speech, Talk Radio, Podcasts, and News.

 

Here we take on the challenges of our generation so that we can preserve future generations. Please consider making a contribution in the fight for liberty!

Header

We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard. - John F. Kennedy

iHeartRadio

The APPS are free; the mission is priceless!

Free APP
Healthycell Telomere

Podcast Networks

Apple Podcasts
Google Podcasts
Spotify
Pandora
Tunein
iHeart
Stitcher

Subscribe and Listen on Your Favorite APP

Our Columnists and Show Hosts

Truth For Health

Apple Podcasts

COVID Solution Summit

Apple Podcasts

Evacuating Americans & fully-vetted Afghan's at Risk - Help Us!

Apple Podcasts

Empowering and mentoring conservative trailblazers from Generation Z to win!

Apple Podcasts

Turning Point Action is Recruiting Precinct Chairs - Become a Grassroots Warrior Today!

Apple Podcasts

URGENT - KEEP NINE
Please join us to protect the Supreme Court:
Sign the Petition!

Apple Podcasts

The LATINO USA EXIT from the Democrat Party, click for details...

Apple Podcasts

Fighting corporate censorship and ensuring voter integrity...

Apple Podcasts

Support wounded and fallen police officers. The Wounded Blue.

Wounded Blue
Share via
Copy link