Portland, Oregon 2021-10-12 08:00:00 –
States don’t need to help the federal government enforce mandates
KOIN, Oregon — Where does the ability to order vaccine mandates come from? The answer is the enumerated powers, that is, the powers specifically given to the government by the US Constitution, including the power to regulate commerce.
The listed privileges are Article 1, Paragraph 8 of the US Constitution.
“The key difference here is that the federal government can issue the rules. You can’t force a state to enforce federal law. The hope is that the state won’t interfere,” he said. “If the federal government sends the FBI to check people’s vaccination records and the state orders its police to interfere with the FBI, it will hinder federal efforts.”
He said Oregon has confronted the federal government and is standing up. One example is the fact that Oregon is a sanctuary for immigrants.
The state does not have to take its finger off to enforce any kind of federal order. But when the federal government comes and puts the matter in their hands, they are expected not to interfere.
“But, as the state says,’whatever you think, I’m not going to take my finger off to help the federal government enforce it,” he said.
Law prof: Vaccine mandates OK under enumerated powers Source link Law prof: Vaccine mandates OK under enumerated powers