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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!

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