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paid for by the Committee to Elect Linda S Brooks to the US Congress
linda-brooks.com
paid for by the Committee to Elect Linda S Brooks to the US Congress
September 2021
Writen by Linda S Brooks
The 14th Amendment of the US Constitution pertains to the right of personal choice within the scope of liberty and the law where it says
Sec. I All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privilges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
US Constitution, 14th Amendment, Sec.I
A person’s right of personal choice extends to medical treatment even if it means their death; specifically, medical treatment is voluntary; especially in light of the fact that the patient is the one that pays for it or that amount above any insurance. For example, a Living Will achieves limits or proscriptions for medical treatment when dying in an age when sustaining human life is something that medicine can support almost indefinetly. In the same way, the “Do Not Resusitate” order, though it does require that a physician sign it, is used when someone has a terminal illness and they do not want to resusitated in the death experience. However, does a pandemic change this Constitutional protection? The answer has two prongs: No, however, the burden is on the State to be sure that nothing materially, physically, or illgally is contributing to the spread of illness aside from natural human activity. But yes, if Emergency Powers, which are implied in the Constitution but not specifically enumerated, have been invoked.
An example of a Continent wide pandemic is the Bubonic Plague that occurred in Europe between 1347-1351 is estimated to have killed 25 million people caused by the droppings of rats that were thriving in garbage heaps stacked on the public streets. To stop the plague, the government had to remove the garbage from the streets and create a means of maintaining a healthy environment. Here in the US, bats cause the same thing from spores that imminant from their droppings, floating in the air, that becomes contagious by inhaling though a human would have to be in close proximity to the source to actually acquire the illness; exactly how to explain what’s in the air absent the pressence of others, is yet to be explained.
However, can the government induce the public to be vaccinated by making the vaccinations a mandate? Can they refuse medicare or medicaid if one does not have the vaccinations. Right now, Medicare covers covid tests and in hospital treatment for mild cases of medicare; other than that, the County Hospitals pick up the slack but also the restrictions on Medicare and Medicaid is alleviated on for Covid patitents.
There is precident in our society for immunizations; such as, Child immunization that includes qualifying for attending public school for which, I will appluade, eliminated polio in this country. The Universities and colleges also require proof of immunizations before entry. If one wants to get a passport to travel outside the US, immunizations required by any particular country is mandated to get the passport. Indeed, usually, immigration into the US requires covid vaccinations; that is, even including at the point they enter the country. Always remember, the covid vaccine does not cure covid-19 straight out; it works with your own natural immunization to build up antibodies which is what cures you. Thus, the assumption is that no one has these antibodies; ergo, everyone gets the vaccinated.
However, in a plague situation as severe as worldwide, can a US citizen be required to get vaccinated? If one notices, you dont have to be around people, necessarily, to get sick with covid; you can get sick just by by going outside. Thus, can the government mandate vaccinations ; say by, Emergency Powers? Is rate of population death that important? Well, for one thing a negative growth, which occurs when the death rate is higher than the birth rate, is a dying population; just think in terms of how to populate the military or the labor force, for example. For instance, China has a dying population ratio caused by killing their female babies and also maintaining a fixed population to support in their communist social system. This makes it clear why China is attempting to build a Borg military which is a soldier that is half robotic and half human.
So what are the perameters of Emergency Powers and have they been invoked and how is Joe Biden planning on enforcing the US to vaccinate and is it legal? Emergency Powers are enumerated in an endnote. They indicate that Emergency Powers in the US was instituted by President George Bush at the time immediately following the 9/11 Attack on Sept. 14, 2001. They have continued until 2020 then extended for one year in 2020 regarding certain Terrorist and immigration; and then in March 2020, adding the SARS-COV-2 virus as a National Emergency requiring the alleviation of any constraints on Medicare, Medicaid or State Childrens Health programs as well as Health Portability while at the same time limited by the “availability of appropriations (Proc. # 9994 Declaration of Emergency Powers).” So the government will pay within reason while the Emergency Powers exist. Can the government make a citizen, in spite of the Emergency Powers, to be enoculated: yes. How it does that is another matter, but the government is paying so that gives them greater control than if each person paid their own way. How is Biden imposing this? According to an EPOCH article “States Gear Up for Legal Fight Over Vaccine Mandate” published Sept 15-21, 2022, states that Biden is intending to use OSHA to deny employment if an applicant does not have the vaccinations.
I did get the vaccinations early on, after asking the Lord, who said “do it”; I had both. The problem that is circulating amongst our people standing in the way of accept the vaccinations I feel is (1) the circumstances of the last Presidential Election causes lack of trust; (2) the fact that Biden appeared on national television, incapable of climbing the stairs to board US One gives pause; (3) the circumstances of the current War and warefare which the Middle East Actors, such as Saddam Hussein who used fumagation of chemical warfare on his own people; and (4) we are accustomed to new medicines being tested for safety over a period of five years. Nonetheless, all things considered, Emergency Powers override Amendment 14. Exactly, how the government will impose that without social chaos remains to be seen. I’m still alive, but I do get sick but I’m not dead yet.
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[ENDNOTE]
SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
§1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation
(a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
(b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
(Pub. L. 94–412, title II, §201, Sept. 14, 1976, 90 Stat. 1255.)
Proc. No. 7463. Declaration of National Emergency by Reason of Certain Terrorist Attacks
Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:
A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 [now 2127, 2308, and 2314] of title 14, United States Code.
This proclamation immediately shall be published in the Federal Register or disseminated through the Emergency Federal Register, and transmitted to the Congress.
This proclamation is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth.
George W. Bush.
Continuation of National Emergency Declared by Proc. No. 7463
Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56467, provided:
Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2020. Therefore, I am continuing in effect for an additional year the national emergency declared on September 14, 2001, in response to certain terrorist attacks.
This notice shall be published in the Federal Register and transmitted to the Congress.
Donald J. Trump.
Proc. No. 9994. Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak
Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, provided:
In December 2019, a novel (new) coronavirus known as SARS–CoV–2 ("the virus") was first detected in Wuhan, Hubei Province, People's Republic of China, causing outbreaks of the coronavirus disease COVID–19 that has now spread globally. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID–19. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID–19 outbreaks have occurred, including the People's Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those affected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F–3 of the Public Health Service Act (42 U.S.C. 247d–6d), and releasing policies to accelerate the acquisition of personal protective equipment and streamline bringing new diagnostic capabilities to laboratories. On March 11, 2020, the World Health Organization announced that the COVID–19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States.
The spread of COVID–19 within our Nation's communities threatens to strain our Nation's healthcare systems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID–19. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. Additional measures, however, are needed to successfully contain and combat the virus in the United States.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631] and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b–5), do hereby find and proclaim that the COVID–19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows:
Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID–19 outbreak.
Sec. 2. Certification and Notice. In exercising this authority, the Secretary of HHS shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)).
Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.
Donald J. Trump.
FEBRUARY 24, 2021•STATEMENTS AND RELEASES
TO THE CONGRESS OF THE UNITED STATES:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency declared in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the coronavirus disease 2019 (COVID-19) pandemic, is to continue in effect beyond March 1, 2021.
There remains a need to continue this national emergency. The COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation. More than 500,000 people in this Nation have perished from the disease, and it is essential to continue to combat and respond to COVID-19 with the full capacity and capability of the Federal Government.
Therefore, I have determined that it is necessary to continue the national emergency declared in Proclamation 9994 concerning the COVID-19 pandemic.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
February 24, 2021.
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