Posted on 10/13/2021 8:01:46 AM PDT by Enlightened1
I was not aware the Congress passed a vaccine mandate?
There is no “federal law”.
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.
Abbott announced an EO and told the legislature to enact a following law. Right now EO beats Federal Press Release. When there is a law in Texas, Texas Law will beat Federal Press Release. Keep in mind, Texas is ready, willing and able to sue any company not following the EO/Law. Corporations do not like the publicity and expense of lawsuits.
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.
Can WH provide information on the bill number passed by congress so we can see how our representative voted on this new “law”?
The low IQ fool never heard of the 10th Amendment.
Even Crazy Congress is not crazy enough to pass a law ordering everyone to be vaccinated ,LOL
She’ll circle back to you with the answer
Doesn’t that depend on “pre-emption” or some such legal circumstance?
In any event, what Biden/Harris is proposing isn’t legal anyway is it?
The starting point here is the so-called Supremacy Clause of the U.S. Constitution, Article VI, which states in pertinent part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... 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."
The Emergency Temporary Standard that OSHA is said to now be developing will presumably be relying on a provision in the Occupational Health and Safety Act of 1970 as providing it the federal statutory authority for imposition of the employer vaccine mandate. At issue in any court challenge, if and when the ETS is issued, would be, basically, whether the ETS is authorized under the OSH Act.
If the ETS were to be found to be within OSHA's authority to adopt, then, yes, the requirements it imposes would supersede any contrary action taken by the Texas governor (or, for that matter, the Texas legislature). In short (and this is somewhat roughly put), when there is a federal law, that federal law trumps a contrary state law, per the Supremacy Clause.
This whole COVID thing has evolved to where it exists only to take power from the people. Nothing more, nothing less. The Dims/libs/progressives/media are flexing their muscle just to make everybody comply with their edicts. This has absolutely nothing to do with “protecting” anyone. How can a vaccinated person be any less able to transmit covid to a vaccinated person, than a non-vaccinated person? We all get covid, the vaccinated and the non-vaccinated.
This is nothing but a power play, showing they can force the little people into complying.
Jan 21, when the demonrats and enough RONOs supported the coup.
The low IQ fool never heard of the 10th Amendment.
100% agree... start fining every entity that disregards the (rightful) states’ bans on mandates.
“We know that federal law overrides state law,” she said referring to state attempts to ban vaccine passports.>>> First there has to be a federal law. There is none.
You are correct. Except that OSHA's yet-to-be-issued Temporary Emergency Standard would be in the nature of a federal regulation adopted pursuant to the federal Occupational Safety and Health Act. If the TES were found to be authorized by the OSH Act, it would have the force and effect of federal law and, under the Supremacy Clause, supersede anything the Texas governor (or Texas legislature) might do.
I’ll wait till i see the actual law before I decide who will win
“We know that federal law overrides state law,” she said referring to state attempts to ban vaccine passports.>>> First there has to be a federal law. There is none.
Heck, there isn’t even a mandate.
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