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Journal Marxist Hacker 42's Journal: Is the Biden Mandate legal under USC 42 Title 42 Chapter 6A? 44

This spring, the Supreme Court of the United States, will once again be considering a case on USC 42 Title 42 Chapter 6A Subchapter XIX

Despite many changes to the law over the past century, the Biden Vaccine Mandate will be the first challenge to this law since Jacobson vs Massachusetts (1905), in which a State's Right to force vaccination upon a private individual or a group of individuals was established.

As the major Web 2.0 sites are now censoring discussion on this issue, I'm opening up for discussion- Did Congress intend this to become a power of the federal government?

This discussion has been archived. No new comments can be posted.

Is the Biden Mandate legal under USC 42 Title 42 Chapter 6A?

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  • The Federal Government rights are listed, or enumerated, in the USA Constitution making this a simple process to answer.
    If enumerated, then "Yes";
    If not, then "No".

    You can decide for yourself after reading the USA Costitution.
    (Recognizing, the USA Supreme Court can make laws appear out of thin air, if they are so inclined.)
    • by jd ( 1658 )

      The US Constitution is frequently, and deliberatey, vague to allow for adapted readings as circumstances change.

      • 9A closed the Constitution for expansion, 10A left any power not explicitly granted the Fed at the State level.

        Which Amendments we honor in the breech.
        • by jd ( 1658 )

          Except that 9a doesn't do anything of the sort. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." does not close the Constitution. All it says, if you bother to look, is that the Constitution isn't the sole list of rights.

          You misread 10a, quite deliberately. 10a allows constitutional amendments, as per either process defined within the constitution, it simply states that anything that the States do not transfer to the Federal

          • :-) He's a Trumpian, believes the election was stolen, etc...

            • by jd ( 1658 )

              Ah!

              (Btw, Trump is a Martian agent, sent to sabotage Earth prior to the invasion.)

            • If you want to believe that a barely walkin' dead man who couldn't be arsed to campaign got significantly more votes than Obama in any proper fashion, then go right ahead. [drags deeply on metaphorical blunt]
              • He sabotaged his own campaign.. Maybe he thought like Hillary that he couldn't lose. You gotta realize, it doesn't matter. You think he really "lost"? He still monopolizes mass media, congress is still in gridlock, the Party still gets 98% of the vote, reelections holding steady at least 90%... And the dems are handing the whole thing back, so why so tense?

                The "Biden Mandate" is an exercise in frustration, not even good theater

                • You think he really "lost"?

                  I do not think Biden has been clean at any point of his career.

                  Again: 2016 was a pubic hair margin, and 2020 was half that.

                  Does anyone have any faith that our election system accurately reflects the will of the people?

                  Now, if we want to speculate that Trump was in some way complicit, that he pulled a "Butch Coolidge" in 2016, I'd say that has a great deal of explanatory power.

                  Basically, I've been sick of this Lefty takeover since President Personal Pronoun was installed in 2008.

                  • I do not think Biden has been clean at any point of his career.

                    Can you name anybody that is? There can be no opposition to corruption when everybody wants a piece.

                    Lefty...

                    :-) Always going for the cheap laugh... Like he was any different from Reagan

                    • Pretty sure the Gipper led the effort to bring an end to the Soviet Union.

                      Clearly not a one-man show.

                      But to juxtapose Reagan with Biden is to tell me you can't tell the difference between "degree" and "kind".

                      That is: I won't accuse anyone in politics of sainthood, and Ronnie was arguably toast toward the end of his tenure, but juxtaposing him with Biden ain't nothin' but a troll.
                    • Pretty sure the Gipper led the effort to bring an end to the Soviet Union.

                      No,satellite TV did that. Ronnie just happened to be there, just as figurative as Trump/Biden. You're just engaging in your usual idol worship again to claim he is any different from the rest

                    • What an astounding airbrush you have. You completely disregard a great deal of effort on Ronny's part throughout the 1970s to get to defeat Jimmy in 1980. Do natter on.
                    • Oh please... like it took any effort to defeat Carter, another placeholder...

                    • effort on Ronny's part throughout the 1970s

                      Oh please... like it took any effort to defeat Carter, another placeholder...

                      Let's go for some remedial reading practice.

                    • Let's go for some remedial reading practice.

                      to defeat Jimmy in 1980

                      By all means... Nixon/Ford was president then, don't you remember? Ronnie just had to sit out four years until that "scandal" blew over.

                      But please, tell us what effect your idol had on national policy in the 70s, or was Carter really a Reagan republican? That indeed, would be most plausible. Conservative democrats put him in... Ronnie succeeded, not defeated Carter. Nobody expected Carter to win, he was there to keep the chair warm until the press could forget Watergate, a placeholder that otherwise never w

                    • Nixon/Ford was president then

                      :-) ... in the 70s

                    • was Carter really a Reagan republican?

                      Wow

                      Reagan is purely a personality/religious cult figure

                      Wow wow. Ronnie was the genuine article, and had done the homework. But natter on.

                    • But natter on.

                      :-) indeed you do in your idol worship... golden calf, my friend

                      "genuine article".. oh dear!

                      He's a regular neo-liberal

                    • Ah, yes: actually making a decision in favor of supporting a concrete candidate on a ballot is "idol worship".
                    • That candidate, yeah... You're not selling me anything, a simple admission that you are just following the herd will do

                    • And you, as usual, proffer zero alternatives. You could be replaced with a button marked "No".
                    • Yeah, we definitely need a button marked "No".

                    • The contrarian view only reaches so far. One must eventually be arsed to offer something, or face being ignored. Predictable naysaying is a bore.
          • You really aught to learn to read the damn thing.

            I love you, man.

        • Some would point out that the original version of USC 42, actually predates the constitution. As do many of the laws passed under the confederacy that existed 1776-1789.

    • In that Congress has the duty to legislate, and did indeed legislate USC 42 and all of its revisions, yes.

      But Jacobson v Massachusetts (1905) says differently, and applies Amendment 10 to that law, regulating the powers of quarantine and vaccination to the State level.

      The question before the Supreme Court is, in today's interconnected world where an infected person can travel from New York to Los Angeles in 5 hours or so instead of two weeks, does the 10th Amendment still apply?

      If it does, then Biden's vacc

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