Frankly I am dubious about the Constitutionality of the legal immunities given to vaccine manufacturers. At a minimum, I have to wonder how that squares with the Fourteenth Amendment's guarantee of the equal protection of the laws.
More broadly, I question also whether such grants of immunity are within the defined powers of Congress. Now…
Frankly I am dubious about the Constitutionality of the legal immunities given to vaccine manufacturers. At a minimum, I have to wonder how that squares with the Fourteenth Amendment's guarantee of the equal protection of the laws.
More broadly, I question also whether such grants of immunity are within the defined powers of Congress. Nowhere do I find within Article 1 Section 8 of the Constitution the authority to prescribe arbitrary and especial modes of redress for specific grievances against specific entities. It's one thing to craft in law defined duties of care. It is quite another to unlaterally waive responsibility for such duties, which is what vaccine manufacturer immunity does. Not only do I see Fifth Amendment due process problems with that approach, but there is also a potential First Amendment issue abridging the right of the people to petition for redress of grievances.
As a country, we have come to believe that if Congress passes a law, then that is the law. We have forgotten what John Marshall wrote in Marbury v Madison, that an act of the legislature, repugnant to the Constitution is void--meaning that such an act of the legislature never has any legal substance or meaning regardless of what the Supreme Court (or any court) rules.
No legislature has unlimited capacity to legislate in this country. Our Republic is one of limited government at every level. I hope people will wake up to that reality and demand that government return to its Constitutional confines.
Brilliant! Now if someone with deep pockets could mount a legal challenge and take this all the way to the Supreme Court we could ultimately, possibly, end up with the sort of Constitutional medical freedom amendment that Dr. Benjamin Rush originally proposed. I would love it if you could someday email what you have written here to lawyer Aaron Siri of the Informed Consent Action Network (ICAN). They are raising millions and winning lawsuits for medical freedom. Siri’s legal staff might benefit from hearing your reasoning, Peter. You would have made an astoundingly good jurist!
Frankly I am dubious about the Constitutionality of the legal immunities given to vaccine manufacturers. At a minimum, I have to wonder how that squares with the Fourteenth Amendment's guarantee of the equal protection of the laws.
More broadly, I question also whether such grants of immunity are within the defined powers of Congress. Nowhere do I find within Article 1 Section 8 of the Constitution the authority to prescribe arbitrary and especial modes of redress for specific grievances against specific entities. It's one thing to craft in law defined duties of care. It is quite another to unlaterally waive responsibility for such duties, which is what vaccine manufacturer immunity does. Not only do I see Fifth Amendment due process problems with that approach, but there is also a potential First Amendment issue abridging the right of the people to petition for redress of grievances.
As a country, we have come to believe that if Congress passes a law, then that is the law. We have forgotten what John Marshall wrote in Marbury v Madison, that an act of the legislature, repugnant to the Constitution is void--meaning that such an act of the legislature never has any legal substance or meaning regardless of what the Supreme Court (or any court) rules.
No legislature has unlimited capacity to legislate in this country. Our Republic is one of limited government at every level. I hope people will wake up to that reality and demand that government return to its Constitutional confines.
Brilliant! Now if someone with deep pockets could mount a legal challenge and take this all the way to the Supreme Court we could ultimately, possibly, end up with the sort of Constitutional medical freedom amendment that Dr. Benjamin Rush originally proposed. I would love it if you could someday email what you have written here to lawyer Aaron Siri of the Informed Consent Action Network (ICAN). They are raising millions and winning lawsuits for medical freedom. Siri’s legal staff might benefit from hearing your reasoning, Peter. You would have made an astoundingly good jurist!