The issue: So-called “vaccine passports” would violate the Constitution. Therefore, Stumble Joe and the Hag want to outsource them to the private sector.
The arrangement would be very much like the Big Tech censorship we have seen. Our government has no Constitutional authority to regulate free speech, but it can allow and enable private companies to do so.
Worse, there will be no shortage of people who believe vaccine passports are a great idea, just as there is no shortage of people who defend Big Tech censorship.
I think that the constitutionality of these is questionable.
However, private companies can ask for proof of vaccine in order to use their services (No Shirt, No Shoes, No Mask, No Service)
Besides, when you receive your vaccine, you are issued a card showing what and when. If asked you can provide it as proof. Like at Krispy Kreme.
I don’t think the passports are really going to go anywhere.
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“Stumble Joe and the Hag “…
Growing old and tiresome. But I’ll take them over the liar in chief and the lap dog any day of the week.
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https://theweek.com/cartoons/974910/political-cartoon-gop-biden-chess-move
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There is absolutely no Constitutional question involved in the issuance of secure proofs of vaccination status. There is a real need for such documentation whether it is organized by the government, industry or international agreement. In my youth there was still a need for proof of small pox vaccination for a variety of purposes. It was not a Constitutional question then and it is not one now.
https://en.wikipedia.org/wiki/Vaccination_requirements_for_international_travel
I was issued a certificate when I got my Covid vaccine. There is no good reason why it should not be documented in a standard and secure form not easily forged.
The same stupid and selfish people who will not wear masks or get vaccinated are the same stupid and selfish people who do not want such standardized certification of vaccination status. The reason why is obvious. They do not want to suffer any consequences of their selfish stupidity. Well, I say. . . “To Hell with them. Don’t let them on a plane. Don’t let them cross borders. Don’t let them into concerts. Don’t employ them. Make them the pariahs they have chosen to be. “Liberty” does not come with immunity from the consequences of how you use it.
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Does every one remember having to take their shot record to register for school?
OOPS. You did it agin.
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It would be unconstitutional for the government to require you to prove you are immune to COVID, either by vaccination or recovery, to go to the DMV, but the Constitution does not bar a restaurant to require proof of immunity to be seated in their dining room.
My wife an I have a photo of our vaccination cards in our phones just in case, or if we happen to be near Krispy Creme.
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You seem to think that you are an expert on what is Constitutional and what is not. You very clearly are not. There is a large body of law and precedent dealing with things that are allowed in a public health crisis which might not be in its absence.
Besides, the need for a “vaccination passport” and the uses for which it might be required are separate issues.
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People who have been vaccinated are not participants in the crisis. The CDC now says vaccinated people do not carry the virus to others.
In any case, I am not aware of a pandemic clause in the Constitution. There are provisions for in time of war, but a number of courts have already struck down many of the state and Federa executive actions.
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“There are provisions for in time of war…”.
I would consider a pandemic of this lethality to be the same as, or worse, than war. We haven’t lost this many people in any conflict since the Civil War. It might be close to our major wars combined.
We punished people aiding and abetting the enemy. What should we consider for those who insist on spreading the virus because they feel their right to not wear a mask is more important than other folks right to life. If the virus is the enemy to our very being, then dying from it is just as dead as dying from a terrorist bomb or a foreign invader’s bullet.
People who spread the disease are no better than either one.
IMHO
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I don’t disagree that this pandemic has been as bad as a war, but words have meaning, and it is not a war.
The Constitution has limited added powers for the government to act against an external attack, if you wish to add powers in times of illness, an amendment would be required.
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What could be more descriptive of an external attack than a virus originating across the globe and arriving surreptitiously in unsuspecting travelers?
Is that any less of a threat than landing commandos at night to infiltrate our government?
Or hacking our cyber system with a “virus”?
Suppose it turns out that the conspiracy folks were correct and China did purposely create and spread this virus for military gain? War now?
One of the key elements in our government is to defend the population.
We have War Powers legislation that has gone on for decades and is definitely not spelled out as such in the Constitution. Why not a pandemic powers act? Do we need an amendment?
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Did we declare war on China? No? Then it’s not war.
Not that while the Federal government cannot impose such limitations, the States can. And so can private property owners.
An Amendment would be needed for Federal action, but it is better left to the states anyway, except where it directly bears on interstate commerce.
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Considering how fluidly goods, service and people move about the country, individual state rules might not address the threat.
Texas opened up the state, but Oklahoma might be under tighter restrictions. Who prevails?
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Who prevails? Whichever experience shows had it right.
But if the whole nation does it one way, and it’s the wrong way, you won’t know because there is no one to compare to.
For example, we know that Florida had far looser restrictions that CA, but their statistics are very close to identical, so we now know that FL had it right and CA was needlessly restrictove.
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We will learn more about Florida’s success story in the next month or so.
Right now, however, both Florida and Texas have higher cases per million and deaths per million than California.
So the jury is still out.
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I seem to recall the 45th President saying something about needing to be on a war footing to fight the virus and that he was a “war time President”.. It was off of a teleprompter, so I doubt he believed it.
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“like a war” and war are not the same thing.
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Leave the semantics to Mr. Roberts. He’s much more practiced and nuanced at it.
The war against this virus has cost more lives that most of the other wars in our nation’s history. Just because no muskets were fired doesn’t mean this country was in a battle.
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“. . . pandemic clause”
Okay, what is un-Constitutional about the issuance of proof of vaccination as was done for decades with respect to smallpox? Which clause of the Constitution is violated when, for example, the FAA rules that passengers on commercial flights must show such proof of vaccination before boarding? Or if the City of Chesapeake requires its teachers to have that credential before teaching?
Your comment about provisions for in time of war only illustrates how little you actually know. For example there is this . . .
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html
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I don’t see any violation in ISSUING proof of vaccination, but curtailing rights in the absence of one would be a problem.
The FAA or TSA would be in violation for requiring one to travel, but Delta would not.
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“ The FAA or TSA would be in violation for requiring one to travel, but Delta would not.”
Why? The law requires valid ID to board a plane. It requires inspection of person and luggage. Prescription drugs require proof of validity if asked.
Airports and harbors are publicly funded infrastructure just like roads. It is in the common interest, public welfare if you prefer, that such facilities are safe to use.
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Just because something is a good idea does not make it Constitutional.
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Your opinions make no sense. Just because you do not like an idea does not make it un-Constitutional. As some wag once put it . . . The Constitution is not a suicide pact. And your rights end where mine begin. You have no right to expose others to deadly disease.
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Ultracrepidarian–A person with opinions beyond their knowledge
From the book “Lost Words” by Joe Gillard. (Compliments of Charlie Sykes’ Morning Shots newsletter from The Bulwark)
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I am not sure of the legality of “government” to issue a medical related demand to carry a “passport” due to HIPAA but schools have been requiring proof of vaccination of children for a really long time. HIPAA says essentially no one can release private medical info without your consent. It is a bit of a quagmire but neither B**** or an outsource could force you to prove you are vaccinated nor release that info without your consent. Require it for certain activities or entry into a building? Dunno
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“Require it for certain activities or entry into a building?”
Private businesses CAN require it. Similar to “No Shirt, No Shoes, No Service” signs that are everywhere. If you do not want to show your proof-of-vaccine card to enter that business, they have very right to turn you away (We reserve the Right to refuse to serve anyone).
Again, I see this more as an issue similar to masks. The states can mandate them, but not the Feds. (Yes, Don is correct). The passports aren’t needed, as long as you have your CDC card, you can VOLUNTARILY show proof.
Just sayin’
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A virus does not respect state lines. The federal government has both the responsibility and the authority to do what must be done to control a pandemic. IMHO.
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html
None of this would be any sort of an issue if the GQP had not been taken over by jackasses who cheer when the President insights insurrection when a state tries to control a deadly outbreak.
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I’ll have cheese with that baloney, tha nk you.
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Right now I’m more concerned with idiot Northam trampling on my and 99.99999% of Va adults privacy rights and parent’s rights of their children’s privacy not being subjected to the opposite sex dressing and showering with them to appease a few kooks who want to pretend they are what they are not. On top of that, his divisive race baiting continues with the VA Voting Rights Act that allows anyone who thinks they have been “suppressed” to file suit. Are you insane? Even statewide local government said hell NO for obvious reasons but he signed it anyway.
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A bill passed the legislature and was signed into law by the Governor. have a problem with it file a lawsuit. and claim that your rights are being taken away.
And the local governments were upset that they were being told to move their local elections to November. We, I am sorry to say, in a “Dillon Rule” (whoever the hell that is) and the state Constitution gives no power to the local governments. That needs to be changed. The maybe you’ll stop your incessant whining about NOTHING that has anything to do with your own personal well-being.
Let me know when the judge stops laughing.
Transphobia is gonna bite you on the ass some day the same way homophobia bit Dick Cheney on his.
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I believe thread hijacking is also unconstitutional.
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It all falls in line with Democrat destruction of our Republic which to bring it up is constitutional.
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“It all falls in line with Democrat destruction of our Republic ”
You people lost an election. Get over it. And, get used to it. The way “conservatives” are going you will never win another one.
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Let the fear mongers loose!
Clinton, 8 years 0 destruction
Obama, 8 years 0 destruction
T**** 4 years one very bad day caused more damage to this country than anything the previous 2 Democratic (and actually POPULARLY elected) Presidents even came close to doing.
Delusional fears are dangerous to those who live by them.
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