Breaking
his earlier promises not to mandate vaccines (December 4, 2020 &
July 23, 2021), Joe Biden announced on Thursday, September 9, 2021, that
he will use the Occupational Safety and Health Administration (OSHA) to
go after every American employer with 100 or more employees to mandate a
COVID-19 vaccine (or at least weekly testing) for every one of those
employees. This mandate could encompass 80 to 100 million Americans and
is to be enforced with $14,000 fines levied against “offenders” for each
violation. It is exceedingly dangerous as the COVID-19 “vaccines” have
been shown to be more dangerous to health than COVID-19 itself, or any
of its variants.
The
National Health Federation has always been against any coercive medical
procedures, especially where, as here, the coercion takes the form of
injecting toxic substances into humans against their will. This unlawful
Executive Order must be set aside because it:
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Is
Null and Void – According to polls, and with the scattered audits of
the 2020 election revealing extensive election and voter fraud in
numerous U.S. States, a majority of the U.S. population today believes
that Joe Biden was not lawfully elected to the U.S. Presidency. If so,
he would have no lawful authority to issue any executive order and any
and all actions that he takes as “President” would be null and void,
including his executive orders. “Fraud destroys the validity of
everything into which it enters. It affects fatally even the most solemn
judgments and decrees.” Nudd v. Burrows, 91 U.S. 426, 440 (1875).
“Fraud vitiates everything.” United States v. Throckmorton, 98 U.S. 61,
66 (1878), cited as a maxim where proof of fraud is admissible; and
compare King v. Whitmer, No. 20-13134, 2021 U.S. Dist. LEXIS 160532, at
*55 n.32 (E.D. Mich. Aug. 25, 2021).
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Usurps
Legislative Powers – The President cannot usurp legislative authority
through Executive Orders, and that is exactly what he is attempting to
do here. The Executive Branch of the Federal government (headed by the
President) cannot engage in legislation, which is the province solely of
the Legislative Branch. The Constitution is quite clear on this point
and grants power to the legislative and executive branches,
respectively, by stating that "[a]ll legislative Powers herein granted
shall be vested in a Congress of the United States," and "[t]he
executive Power shall be vested in a President of the United States of
America.” No President may legislate, nor can Congress delegate its
legislative powers. Unfortunately, although the wording in the
Constitution is crystal clear, there is little judicial authority on
this issue.
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Is
Unconstitutional – The U.S. Constitution grants no authority to the
Federal government to mandate vaccines or any other medical treatments
or procedures on a national level. This is an usurpation of the Ninth
and Tenth Amendments to the Constitution as well as a violation of the
enumerated-acts clauses found therein. “A law repugnant to the
Constitution is void.” Chief Justice Marshall in Marbury v. Madison, 5
U.S. (1 Cranch) 137, 177 (1803). Moreover, “no one is bound to obey an
unconstitutional law and no courts are bound to enforce it.” Sixteenth
American Jurisprudence, Second Edition, Section 177. “An
unconstitutional act is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is in legal
contemplation as inoperative as though it had never been
passed.” Norton v. Shelby County, 118 U.S. 425, 442 (1886).
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Violates
Federal Law – The FDA only approved the Comirnaty COVID-19 shot – which
is not even available in the United States – for ages 16 and older. All
of the shots available in America are still under an Emergency Use
Authorization (EUA) and it is a violation of Federal law to force people
in any way to use medical products on the market pursuant only to an
EUA. In particular, Federal law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) requires
that the person to whom an EUA vaccine is administered be advised, “of
the option to accept or refuse administration of the product [meaning “a
drug, device or biological product”], of the consequences, if any, of
refusing administration of the product, and of the alternatives to the
product that are available and of their benefits and risks.” See also
Chamber of Commerce of U.S. v. Reich, 74 F.3d 1324, at 1339 (D.C. Cir.
1995), where the court struck down President Clinton’s executive order
as being in violation of an existing statute. Here, Biden’s
executive order mandating experimental injections violates 21 U.S.C.
§360bbb, which forbids experimental procedures performed upon persons
without their informed consent.
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Violates
the Nuremberg Code – The First Principle of the Nuremberg Code is that
“the voluntary consent of the human subject is absolutely essential.” In
America, the Code and the related Declaration of Helsinki form the
basis for the Code of Federal Regulations, Title 45, Part 46, which are
the regulations issued by the U.S. Department of Health and Human
Services (HHS) for the ethical treatment of human subjects and are used
in Institutional Review Boards (IRBs).
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Violates
the International Covenant on Civil and Political Rights – In 1966,
the International Covenant on Civil and Political Rights was
adopted by the United Nations, effective March 23, 1976. Its
Article Seven prohibits experiments conducted without the "free
consent to medical or scientific experimentation" of the
subject. The Covenant has 173 signatory states, including the
United States, as of September 2019.
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Violates
the 2005 UNESCO Universal Declaration on Bioethics and Human Rights –
This UNESCO Declaration states in its Article 6.1 that, “Any preventive,
diagnostic and therapeutic medical intervention is only to be carried
out with the prior, free and informed consent of the person concerned,
based on adequate information.”
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Is
an Illegal “Work-around” – The White House Chief of Staff retweeted on
September 9, 2021, that “OSHA doing this vaxx mandate as an emergency
workplace safety rule is the ultimate work-around for the Federal govt
to require vaccinations.” The White House has itself just admitted that
it is not following the law if it claims this mandate as an “ultimate
work-around” the law.
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Requires
Nullification – A State has the right to nullify,
or invalidate, any Federal laws which that State has
deemed unconstitutional with respect to the United States
Constitution. Thomas Jefferson and James Madison
first formalized the principles of nullification in
the Kentucky and Virginia Resolutions of 1798.
Jefferson called it “the rightful remedy” to Federal overreach, while
Madison said that a State is “in duty bound, to interpose [itself] for
arresting the progress of the evil.”
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Exposes
the Population to High Risk of Death – The currently administered
COVID-19 experimental injections and boosters are far more dangerous and
unsafe than COVID-19 itself. The overall survival rate for those
getting a COVID-19 infection is approximately 99.5%. See also https://physiciansforinformedconsent.org/covid-19/.
Yet, already in the approximately nine months that the experimental
COVID-19 injections have been in use, there have been – according to the
Centers for Disease Control and Prevention (CDC) Vaccine Adverse Event
Reporting System (VAERS) – more than twice as many reported deaths
caused by these non-FDA approved experimental COVID-19 injections than
all reported deaths recorded from all FDA-approved vaccines
during the past 30 years! The CDC has by now listed 12,791 deaths,
16,044 permanent disabilities, 70,667 emergency-room visits, 51,242
hospitalizations, and 13,139 life threatening events, out of 682,873
reported injuries from these dangerous “vaccines.” Keep in mind that the
1976 Swine Flu vaccine was withdrawn from the market after only 25
deaths and 4,000 reported adverse events!
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Is
Not an Emergency That Justifies Setting Aside the Constitution – We are
experiencing a plandemic orchestrated by the minds and mouths of
corrupt media and government officials. Fortunately, though, there
is hope that the U.S. Supreme Court will do the right thing. Supreme
Court Justice Gorsuch stated recently, “Why have some mistaken this
Court’s modest decision in Jacobson for a towering authority
that overshadows the Constitution during a pandemic? In the end, I can
only surmise that much of the answer lies in a particular judicial
impulse to stay out of the way in times of crisis. But if that impulse
may be understandable or even admirable in other circumstances, we may
not shelter in place when the Constitution is under attack. Things never
go well when we do.” Roman Catholic Diocese v. Cuomo, 141 S. Ct. 63, 71
(2020) (concurring). Previously, the U.S. Supreme Court had been quite
clear that, “neither the legislature nor any executive or judicial
officer may disregard the provisions of the Constitution in case of
emergency.” Ex parte Milligan, 71 U.S. 2 (1866). Besides, how much of an
emergency can this waning “pandemic” even be now when Congressional and
the Judiciary staff and employees are both exempt (and those of the
U.S. Postal Service) from this vaccine mandate?
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Is
Based on Dishonest Definitions – To manufacture a “pandemic,” the CDC
(following the World Health Organization’s own change of definition of a
“pandemic” in early 2020) changed its decades-old guidelines on March
24, 2020, so that it could more broadly sweep into its statistical
clutches “COVID-19”-termed deaths and thereby strike fear into
Americans. Lockdowns, mandates, and other people-controls were all based
upon these newly changed, dishonest definitions.
We must resist this illegal and unconstitutional Executive Order. Even
Dr. Anthony Fauci, during a question-and-answer session in 2020, said
that a national vaccine mandate would be “encroaching upon a person’s
freedom.” Now is truly the time, Folks, to resist and not comply!
Let
us unite again and, like Rosa Parks in 1955, just say “No!” together to
this theft of our constitutional rights and forceful usurpation of
legislative power. We must give this pseudo-President’s administration a
huge defeat that they will never recover from!
But
we do want to say “YES” to one action: U.S. Representative Louie
Gohmert, Jr. (R-TX), with three co-sponsors, introduced H.R.5092,
which would end vaccine mandates nationwide for the whole CDC schedule,
by granting to every American the right to a personal belief exemption.
The bill would also eliminate forced infectious disease testing. The
exceptions are limited and reasonable (i.e., requiring an individualized
due-process court order specific to the person in question). We need to
spread the word far and wide so that everyone can flood the
Congressional offices with demands that their representatives support
H.R.5092!
Write to your U.S. Senators and Congressmen to support and cosponsor
H.R.5092, and sponsor a companion bill in the Senate. Also, contact your
State legislators and Governor as well. Let them know that you will not
accept this illegal injection mandate and you will not comply. Demand
that all of them protect you from this unacceptable, tyrannical power
grab.
TAKE ACTION NOW!
Say
“Yes” to Congressman Louie Gohmert’s New Bill to End Vaccine Mandates
Nationwide and Tell Your Representatives and Senators to Embrace and
Vote for H.R.5092
The NHF is pleased to announce that Congressman Louie Gohmert will
discuss with us his new bill to effectively end vaccine mandates
nationwide.
You can hear Congressman Gohmert Live on our monthly Zoom meeting this Friday, September 17th, at 9:00 a.m. Pacific Time.
To watch the Zoom meeting live, please go to our NHF Facebook page on the morning of September 17th, 2021, at:
https://www.facebook.com/nationalhealthfederation/.
Or, to join our meeting directly, mark your calendar now with this Zoom link: https://us06web.zoom.us/j/6299057159?pwd=d3lNZmxibGtmWFJFVkJ3bVRqU083UT09
***
The
National Health Federation (NHF) is the World’s oldest 501(c)(4)
health-freedom organization, having since 1955 defended food and
healthcare from government distortion and special-interest
corruption. For questions see https://thenhf.com/2020/11/03/who-is-nhf/ or contact lobbyist Charles Frohman at Charles.Frohman@theNHF.com
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