This website uses cookies to improve your experience.

Please enable cookies to ensure you get the best experience on our website

Sign the petition

to call for a

Convention of States!


Prof. Natelson weighs in: Is Biden's vaccine mandate constitutional?

Published in Blog on November 23, 2021 by Article V Patriot

Most Americans intuitively understand that the president of the United States should not and does not have the constitutional authority to force millions of Americans to take a vaccine they don't want.

President Biden tried to get around this clear violation of his oath by making private businesses enforce the mandate for him, but that plan has already hit major roadblocks.

Even if you know his mandate is unconstitutional, you might be curious about the exact legal arguments being made against it. 

Fortunately, Convention of States Senior Advisor and constitutional scholar Prof. Rob Natelson can answer that question. In a brilliant article for the Epoch Times, Prof. Natelson explains how the mandate exceeds the enumerated powers the Constitution grants the federal government.

The full piece is worth a read, but here's a snapshot of Prof. Natelson's argument:

The mandate is a regulation of employment and/or of health, not of commerce. If OSHA has authority to issue it, it must be because Congress gave OSHA that power under the Necessary and Proper component of the Commerce Power.

Thus, those challenging the mandate must argue that it’s neither necessary nor proper to carrying out the regulation of commerce.


Obviously, the purpose of the vaccination mandate is not to regulate commerce. Its purpose is to promote health, expand political power, or both.

This case is likely to go to the Supreme Court, but Prof. Natelson is doubtful they will rule to limit federal power. While many believe the court leans conservative, "the so-called '6–3 conservative majority' thus far have proved unwilling to confine the federal government to its enumerated powers," Prof. Natelson writes.

Beyond the technical constitutional issues at play, there's a more important question we must ask ourselves: Do we want to live in a country where the president can issue sweeping, nationwide mandates with a stroke of a pen?

For most Americans, the answer is "NO." So, how do we bring to life that vision of a limited federal government?

By going back to the Constitution and the Founders' tool to limit federal power: an Article V Convention of States.

A Convention of States is called and controlled by the states and has the power to propose constitutional amendments. These amendments can clarify any vague or unclear language and ensure that activist judges cannot take advantage of our founding text to expand federal power. 

Americans should not live in fear of their president. They shouldn't worry about OSHA bureaucrats knocking on the doors of their businesses, and they deserve to live in a country of, by, and for the people.

To help make that vision a reality, sign the petition below!

Sign the petition to call for a Convention of States!

2,246,457 signatures

Petition your state legislator

Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention for proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington, DC.

I support the Convention of States Project; a national effort to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of Article V Convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here:

I ask that you support the Convention of States Project and consider becoming a co-sponsor of the resolution. Please respond to my request by informing the national COS team of your position, or sending them any questions you may have: or (540) 441-7227.

Thank you so much for your service to the people of our district.

Respectfully, [Your Name]

Msg & Data rates may apply. Msg frequency varies. Text HELP for Help or text STOP to end messages. View Terms & Conditions and Privacy Policy.

Provide your full address and we will deliver your petition directly to your state legislators now and again during the legislative sessions, Free of Charge. We Protect your privacy.

We welcome all US citizens to support our movement by signing the petition. To deliver the petition to your state legislators, you must enter your full address, which must be within one of the 50 states. For military personnel serving overseas, or for expatriates, enter your Voting Residence Address .

Please be sure to check the "Send me email updates" box, and include your phone number above.

How did you hear about us:

Click here to get involved!
Convention of states action

Are you sure you don't want emailed updates on our progress and local events? We respect your privacy, but we don't want you to feel left out!