Standing Against the Mandate

David PS

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Especially since the plan is being disguised as a plan for health, the Constitution doesn't figure in imo. Don't you think we're way past that.
Thanks for your help.
 

tankasnowgod

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Especially since the plan is being disguised as a plan for health, the Constitution doesn't figure in imo. Don't you think we're way past that.
Of course it does. It has to. It's the document that created the Federal Government.

Again, the clause that's being used to give them power is the Commerce Clause (or so would be argued). What part of the Constitution, exactly, is being violated? Right now, I think the biggest argument is that Executive is trying to usurp legislative power away from the Legislature.
 

David PS

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Of course it does. It has to. It's the document that created the Federal Government.

Again, the clause that's being used to give them power is the Commerce Clause (or so would be argued). What part of the Constitution, exactly, is being violated? Right now, I think the biggest argument is that Executive is trying to usurp legislative power away from the Legislature.
A counter argument would be that the Legislature has endorsed and sanctioned the Executive mandate with the $700k language in the Infrastructure Bill.
 

tankasnowgod

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A counter argument would be that the Legislature has endorsed and sanctioned the Executive mandate with the $700k language in the Infrastructure Bill.
First, I don't buy that argument. It rests on the idea that somehow, Congress delegated Legislative authority. Which they can't do. An infrastructure bill has nothing to do with this vaccine mandate. There would have to be a vaccine mandate in the bill itself. The $700k Language you mention is irrelevant, a completely separate issue.

And even with this, you still aren't talking about making the Constitution irrelevant. This bill would still have Bi-Cameral Passage and Presentment.
 

Lejeboca

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I am beginning to think of this court challenge as being just one mole in a whack-a-mole scenario that is being played against our freedoms. The Biden administration appears to using a full-court press (an all-out effort or offensive) to get everyone jabbed. This particular lawsuit appears to be directed at taking only OSHA out of the game. Biden is still free to strong-arm the states, school and other employers that receive federal funds into conforming to its wishes. Federal funds are being used as both reward and punishment to induce cooperation (aka carrot-and-stick).

There are other moles that need to be whacked. Many of these are at the state and local levels. The states appear to have the ability to mandate vaccines within their state. Ted Cruz has proposed legislation directed at these potential moles that would need to be whacked in the courtroom. I do not expect the legislation to get any traction in this proposed legislation. The pharmaceutical industry contributes to campaigns on both sides of the aisle. The industry has effectively bought and paid for the legislature's silence and inactivity. Politicians can just omit to act on any bills that would bite the hand that feed their campaign funders.

I agree about whack-a-mole analogy, but if there are at least a few mallets whacking constantly....

This court's opinion iis written so extensively and clearly that many of its points may be taken verbatim and applied to the next 3-4-letter agency chosen by the federal usurpers of rights.

It is true that State police powers are not dealt with in this opinion. It will be very hard to adjudicate against them without strict scrutiny rule, I think. However, there are several examples already of petitions for injunctive relief or declaratory judgements against state of emergency and mandates that were granted. Most notable to me is the RIDGEWAY PROPERTIES v BESHEAR, GOVERNOR, COMMONWEALTH OF KENTUCKY,
 

Rafe

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Thank you for your encouraging words! So need that.
I just have the rest of this week & a couple of weeks in Dec. Hang in there everyone.
 

Lollipop2

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Thank you for your encouraging words! So need that.
I just have the rest of this week & a couple of weeks in Dec. Hang in there everyone.
Did you watch the video? Please do. NO ONE needs to be fired or forced to get an injection. Surprising me no one is listening to that video. Guys (not you @Rafe :): - see the video. You do not need to lose your job.
 

Rafe

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I just watched to about 45min of that video so far. Wow. David Martin is doing some good work there. Yes, everyone should watch that one.

He’s explaining why the OSHA emergency temporary standard can’t hold up to circuit court scrutiny. He did the homework.

Eh, for me it’s not only about a public health issue or even a mandate anymore. It’s also about refusing to comply so my employer will have to go through with its threats & be shown for what it really is. Crass.

I’m refusing to apply for exemptions. So even if they are trying to persuade me to work with them against a government mandate to “help them protect me,” it’s now about a separate issue too: bureaucratic nonsense where my employer is playing the victim. I’m not cooperating with that. If they decide to keep me on? I’d be disappointed. *snort*

I have to watch the rest of it in the morning I’m so sleepy. Thank you Lollipop2!
 

Badger

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Maybe that's because you failed to ask a question.

If there was any question, wasn't that it? Why don't you plainly state what your question was? I plainly answered your question of "can anything stop Biden" by pointing to Congress, the Courts, and The People. There could also be people within his Cabinet that could stop him (see the 25th Amendment), and a Military Coup.

No. you didn't answer my question. My first reply to you emphasized your response did not take into account other factors that make Congress irrelevant and which can be over ridden or ignored when the President can control the military.
Lol, I don't assume Biden has good reasons for anything. The man clearly has dementia. If he ignores this fact, he's an idiot setting himself up for a swift defeat.

His dementia is irrelevant when he's merely a puppet. If his dementia was a factor, as it would be in a real democracy, he'd have been gone by now. Others are directing his choices. The dementia makes it very easy for them to do so.
A military that couldn't even hold Afghanistan under Biden?

The withdrawal from Aghainistan, which was appaling and awful and disastrous, did not reflect on the military rank and file, who were capable enough, as much as it reflected on senior ****-kissing military senior leadership and Biden regime itself especially. Incompetents yes, but no matter if nobody in civ regime cares, which they don't. They don't because as with Vietnam, they milked Afghanistan for 20 years on behalf of defense contractor profits, some of which is diverted to the politician's election campaigns. Had they been directed to win there, it would have happened years ago. But a won war is a lost business opportunity, as a defense contractor could say. Just as a cured patient is a lost customer, as a pharma might say if their drugs are too effective. In another military theater, such as the US mainland, stratetgic objectives may have shifted into place which are entirely different from that of making big bucks in a sh*thole 3rd world country. If Biden and senior military kissing his **** were ordered to hit blue states, they would do fine and succeed.

I'm not sure a military divided on the issue of the demonvax, with many troops compromised in health and mind from said demonvax, would have "easy pickings" in any operation, and the track record under Biden backs this idea up.

Doesn't matter, as I said, they don't need entire military to succeed, plus you under-estimate how many military would get on board when pressured enough. You apparently have little or know familiarity with military people and their willingness to fall in line with the military hierarchy.

Again, how are 1-4 Million people going to "repress" 100-350 Million? If you don't have an answer to this, the entire idea falls apart.

Your number of willing military is way too low, plus there are many ways. Neutron bombs, nerve gas bombs, shutting down food supply chain and thus starving people, and much else. Plus tech you don't know anything about. Again, your lack of knowledge in this area shows you have no idea what military is capable of and willing to do. Some of us do know.
You're acting like Mutinies and Military Coups have never ever happened. Ridiculous. You should also know that members of the Military do NOT take an oath to the President, and certainly not a particular President like Biden, but to defend the Constitution-

Some may violate or ignore their oath, but I don't know that it will ever be enough to "repress the population."

While it is hierarchical and authoritarian, they don't all just blindly follow orders. And many will not blindly follow orders that violate their oath.

You are quite the optimist about human nature, aren't you? That tells me you are woefully ignorant of history, among other things. For example, countless MDs are willing to give vax they know is deadly or very harmful these days. Where's the mutiny over that, except in a small number of instances? One can go back to the history of atrocities committed by American, German and Russian militaries in WW2 against innocent civs, not to mention US Army atrocities against peasants in Vietnam? How many mutinies could you cite for me to turn the tide then? The tiny amount of military mutinies in the past provide no precedent to be optimistic or hopeful that such is going to save the day now.

You keep on suggesting that Biden has "nothing" to stop him from declaring martial law (in the active sense), when I have listed several obvious, real world obstacles. I guess you would think there's nothing stopping him when you ignore everything that's stopping him.

You ignore the reasons that I gave of why the reasons you gave are irrelevant and/or wrong. Your responses are all cliched and pedantic, based on armchair military stuff you have read somewhere, and not based on reality and not really thought through. Fails to take into account other factors, as I have indicated more less in general terms.
Lol, ridiculous. They'd likely need 50-100 Million more well trained troops. At the very least Where are they going to get those from, on short notice? Especially when they are jailing or discharging troops that don't take the demonvax. It's particularly insane, because the troops that will be left will be compromised in health and mind.

For reasons given above, they would not at all need that many trigger pullers. What they will need, if you want to give a real-world answer, are large numbers of mortuary and bulldozer battalions, to eliminate all the dead bodies.


Well, if you like being biased towards fantasy answers with no real world application, that's your choice. For what?

You are projecting. About yourself.


Also of note, Biden hasn't even shut down the Durham investigation, despite it being under the DOJ (and Executive Branch). This, itself, should tell you that either Biden isn't a very good planner in these manners, or he doesn't have the power you think he does. Or both.
Irrelevant, has no bearing here, a non sequitur.

It's evident to me now you have little or no quals to address my question and my responses, as you know nothing about the military except from whatever the NYT, Newsweek or other MSM tells you. You're just guessing and speculating based on that. I need to engage someone who actually does know about the military from very recent and concrete experience. You ain't the one.
 
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tankasnowgod

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No. you didn't answer my question. My first reply to you emphasized your response did not take into account other factors that make Congress irrelevant and which can be over ridden or ignored when the President can control the military.
So what, exactly, is your question? I can't answer, or even address, something you haven't asked.
His dementia is irrelevant when he's merely a puppet. If his dementia was a factor, as it would be in a real democracy, he'd have been gone by now. Others are directing his choices. The dementia makes it very easy for them to do so.
While I agree he's a puppet, so what? You still haven't suggested there are more than 2 Million people in the military.

Doesn't matter, as I said, they don't need entire military to succeed, plus you under-estimate how many military would get on board when pressured enough. You apparently have little or know familiarity with military people and their willingness to fall in line with the military hierarchy.
Oh really? Again, you haven't even addressed how 1-4 Million people (the upper number is combining all of the police forces) will subdue 100 Million or more. I still don't know what exactly you are suggesting.
Your number of willing military is way too low, plus there are many ways.
Ridiculous. Even 100% of 2 Million is 2 Million. If you aren't challenging these numbers, you literally have no case for whatever you are suggesting. And you continue to ignore that the majority of those numbers are stationed around the world. To do this, you'd need to recall everyone and have them fight Americans on American soil.

EDIT- Here's the figures from Visual Capitalist-


A little over 2.1 Million, with 817,000 reserves and National Guard (and the NG the President does not control, those would be state Governors). About 1.1 Million actively deployed domestically. Including Air Force and Coast Guard. Even if all 1.1 Million troops fall in line (and remember, at least 50-60% were refusing the vax, some staking their career and jail time), how again, exactly, are they going to force or control or kill their fellow Americans in whatever scenario you are suggesting?
Neutron bombs, nerve gas bombs, shutting down food supply chain and thus starving people, and much else. Plus tech you don't know anything about. Again, your lack of knowledge in this area shows you have no idea what military is capable of and willing to do. Some of us do know.
Oh really? You know about secret weapons you don't know about? What, do you work for Military Intelligence, or something?

Then please, why don't you give your top 3 scenarios with the details of the secret weapons that you know about. Although, I don't know how you are a military expert since you were suggesting they needed a few more bullets last post. You really are all over the place, here.

I have seen zero evidence that the Neutron Bomb exists. If it does, why haven't they already used it? It wipes out people, but leaves buildings and such intact. Isn't that what they want? Simply dropping nuclear weapons would likely be too destructive.
You are quite the optimist about human nature, aren't you?
Not really.
That tells me you are woefully ignorant of history, among other things. For example, countless MDs are willing to give vax they know is deadly or very harmful these days. Where's the mutiny over that, except in a small number of instances?
I don't have a lot of respect for MDs. But so what? Even they are obtaining written, informed consent from everyone they inject.


View: https://www.youtube.com/watch?v=oGiPdTMC9kg


And I haven't interviewed EVERY MD. Many do seem to think it's beneficial, and certainly don't "know" that it's deadly or harmful.
One can go back to the history of atrocities committed by American, German and Russian militaries in WW2 against innocent civs, not to mention US Army atrocities against peasants in Vietnam? How many mutinies could you cite for me to turn the tide then? The tiny amount of military mutinies in the past provide no precedent to be optimistic or hopeful that such is going to save the day now.
Again, this is pretty much irrelevant to a government turning on it's own people.
You ignore the reasons that I gave of why the reasons you gave are irrelevant and/or wrong.
What reasons? I didn't see you provide any.
Your responses are all cliched and pedantic, based on armchair military stuff you have read somewhere, and not based on reality and not really thought through. Fails to take into account other factors, as I have indicated more less in general terms.
Ridiculous. I'm the only one who's cited actual numbers of citizens and military figures. You just make stuff up with no basis in reality. I don't see you citing any sources, or getting into any specifics. Just vague generalites.
For reasons given above, they would not at all need that many trigger pullers.
Who, exactly, would they be shooting, and why? I still don't know what plan you are exactly suggesting. Forced Vaccination? Systemic violent murder of Americans by the American military?
What they will need, if you want to give a real-world answer, are large numbers of mortuary and bulldozer battalions, to eliminate all the dead bodies.
Again, from what plan, exactly? I thought this was a forced vaccination scenario
You are projecting. About yourself.
Ridiculous, again. You are the one who refuses to get into any specifics. You haven't challenged any of the numbers I put up.
It's evident to me now you have little or no quals to address my question and my responses,
At this point, I don't even know what your question was. You started off asking if anything COULD stop Biden from declaring martial law. I gave several things that COULD stop him. You didn't like those responses, and now it's apparently full on American Genocide from the US Military you are suggesting.
as you know nothing about the military except from whatever the NYT, Newsweek or other MSM tells you.
Lol, ridiculous. Even if those were my sources, they appear better than yours, which is just making stuff up.
You're just guessing and speculating based on that.
Says the person who is suggesting martial law and American Genocide logically follow trying to overstep Presidential Authority with an OSHA rule. You are the one in wild speculation territory.
I need to engage someone who actually does know about the military from very recent and concrete experience. You ain't the one.
Lol, neither are you. But yes, finally, this is a good idea. Go find some active military member, or a veteran, and ask them about how they, and their fellow veterans and troops, would feel about Biden trying to implement martial law and American Genocide. Ask them if they would just go along with it. Ask them if they would follow the "President," or follow their oath to the Constitution. Ask them under what circumstances they would turn their guns on fellow Americans, including friends, family, coworkers, neighbors, church goers, and such. And don't just stop at one, ask ten, or hundreds.
 
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Lollipop2

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I just watched to about 45min of that video so far. Wow. David Martin is doing some good work there. Yes, everyone should watch that one.

He’s explaining why the OSHA emergency temporary standard can’t hold up to circuit court scrutiny. He did the homework.

Eh, for me it’s not only about a public health issue or even a mandate anymore. It’s also about refusing to comply so my employer will have to go through with its threats & be shown for what it really is. Crass.

I’m refusing to apply for exemptions. So even if they are trying to persuade me to work with them against a government mandate to “help them protect me,” it’s now about a separate issue too: bureaucratic nonsense where my employer is playing the victim. I’m not cooperating with that. If they decide to keep me on? I’d be disappointed. *snort*

I have to watch the rest of it in the morning I’m so sleepy. Thank you Lollipop2!
❤️ Good for you!
 
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