This will get downvoted, but this is how the law works.
The Twitter user seems to be misunderstanding American federalism. The supremacy clause of the Constitution plainly provides that federal law prevails in a conflict between federal and state law. The caveat is that to be a federal law, the law must be constitutional. The argument that will be advanced by states like Texas is that the federal law unconstitutionally encroaches on an area of state law that is protected by the 10th Amendment. This is different than saying state law overrides federal law — it's saying that the federal law is unconstitutional, thus no valid law exists to conflict with the state law.
SCOTUS has already ruled that the ability to force a vaccination on a populace is a state power: Jacobson v. Massachusetts. The wording references the state, not the federal government.
The reason the Biden admin is going for the OSHA angle is exactly because of that. However, I'm not sure how OSHA is going to justify forcing vaccination on workers because of work place safety. First, over half the population is unemployed or unemployable. Even during times of full employment only half the population is capable of working. OSHA's requirement of vaccination would not protect workers outside of the work place when the threat is omnipresent. Second, the vaccination is a permanent safety measure with potentially damaging effects that intrude upon workers private lives. Forcing vaccination on workers would be akin to requiring them to wear safety gear 24 hours a day for the rest of their lives to protect "workers". Third, I'm not sure how OSHA is going to argue that the vaccination protects workers when the vaccination loses efficacy over time and does not entirely stop infection or transmission and in some studies it appears the vaccine is beginning to have the opposite effect by increasing a person's ability to be infected.
The three points above, conceived by me a lay person, are probably why OSHA hasn't come out with any regulatory guidance no matter how much the Biden admin bluffs and bullies it's constituency. I can only imagine that lawyers are coming up with even more arguments to blow holes in the Biden's faux authority that it wants to grant itself.
It's truly wild how much power the federal government has usurped. They have twisted other parts of the constitution so much that they can argue virtually anything they wish to do has constitutional basis.
This is where following the "letter" of the constitution doesn't make sense. There is no way in hell that the founding fathers wanted the federal government to have unlimited authority, so long as they can make a claim that whatever they're doing has some smidgen of an impact on interstate commerce or the "general welfare."
The examples of endless. If the founding fathers wanted the federal government in charge of education, for example, they would have written that down explicitly. Yet, here we are, with a federal department of education because it "promotes the general welfare" and "affects interstate commerce."
I cannot think of a single potential action the federal government could take that could not be argued to promote the general welfare or affect interstate commerce. As such, we're very much interpreting the constitution to simply not have the 10th amendment.
That's different. Sanctuary cities are based on the principle that the federal government cannot commandeer state officials to enforce federal law. Sanctuary cities are just refusing to cooperate with federal immigration officials.
Comparatively, all enforcement under the COVID-19 mandates is done by federal officials (i.e., OSHA). The argument the states will use is based in the 10th Amendment guarantee to state rights in certain traditional areas of state governance, not any sort of analogy to sanctuary cities.
Did it work like this when Trump was in office?
Here's the kicker, the CIA agent that took over for Rush Limbaugh said essentially the same thing yesterday. He said it's unclear whether the states can override the feds.
It's so cute when leftists pretend that they know how law works.
This will get downvoted, but this is how the law works.
The Twitter user seems to be misunderstanding American federalism. The supremacy clause of the Constitution plainly provides that federal law prevails in a conflict between federal and state law. The caveat is that to be a federal law, the law must be constitutional. The argument that will be advanced by states like Texas is that the federal law unconstitutionally encroaches on an area of state law that is protected by the 10th Amendment. This is different than saying state law overrides federal law — it's saying that the federal law is unconstitutional, thus no valid law exists to conflict with the state law.
SCOTUS has already ruled that the ability to force a vaccination on a populace is a state power: Jacobson v. Massachusetts. The wording references the state, not the federal government.
The reason the Biden admin is going for the OSHA angle is exactly because of that. However, I'm not sure how OSHA is going to justify forcing vaccination on workers because of work place safety. First, over half the population is unemployed or unemployable. Even during times of full employment only half the population is capable of working. OSHA's requirement of vaccination would not protect workers outside of the work place when the threat is omnipresent. Second, the vaccination is a permanent safety measure with potentially damaging effects that intrude upon workers private lives. Forcing vaccination on workers would be akin to requiring them to wear safety gear 24 hours a day for the rest of their lives to protect "workers". Third, I'm not sure how OSHA is going to argue that the vaccination protects workers when the vaccination loses efficacy over time and does not entirely stop infection or transmission and in some studies it appears the vaccine is beginning to have the opposite effect by increasing a person's ability to be infected.
The three points above, conceived by me a lay person, are probably why OSHA hasn't come out with any regulatory guidance no matter how much the Biden admin bluffs and bullies it's constituency. I can only imagine that lawyers are coming up with even more arguments to blow holes in the Biden's faux authority that it wants to grant itself.
And state laws override mandates.
It's as if she has never heard of the 10th amendment.
It's truly wild how much power the federal government has usurped. They have twisted other parts of the constitution so much that they can argue virtually anything they wish to do has constitutional basis.
This is where following the "letter" of the constitution doesn't make sense. There is no way in hell that the founding fathers wanted the federal government to have unlimited authority, so long as they can make a claim that whatever they're doing has some smidgen of an impact on interstate commerce or the "general welfare."
The examples of endless. If the founding fathers wanted the federal government in charge of education, for example, they would have written that down explicitly. Yet, here we are, with a federal department of education because it "promotes the general welfare" and "affects interstate commerce."
I cannot think of a single potential action the federal government could take that could not be argued to promote the general welfare or affect interstate commerce. As such, we're very much interpreting the constitution to simply not have the 10th amendment.
Bingo. That's where all the cool legal battles are gonna play out.
So that must mean all the sanctuary cities and states are illegal
That's different. Sanctuary cities are based on the principle that the federal government cannot commandeer state officials to enforce federal law. Sanctuary cities are just refusing to cooperate with federal immigration officials.
Comparatively, all enforcement under the COVID-19 mandates is done by federal officials (i.e., OSHA). The argument the states will use is based in the 10th Amendment guarantee to state rights in certain traditional areas of state governance, not any sort of analogy to sanctuary cities.
Well, OSHA itself is unconstitutional, since the constitution doesn't delegate workplace safety to the federal government. Also the dept of education.
Did it work like this when Trump was in office? Here's the kicker, the CIA agent that took over for Rush Limbaugh said essentially the same thing yesterday. He said it's unclear whether the states can override the feds.
You can't "override" what you can't enforce
The law of the gun rules over all other laws...and we have more than the government. Period.
This is the crux of imperialism: power is inversely proportional to freedom.
When kikes are at their strongest, imperialist states are at their strongest, but the people are at their most oppressed.
When kikes are at their weakest, imperialist states are at their weakest, but the people are at their least oppressed.
The only way to prevent this contradiction is to simply not be imperialist, and follow the National Socialist path.