Unconstitutional Forced Vaccinations

Forced vaccinations and the possibility of a vaccine passport have been the subject of countless discussions and debates.

There are those who point to the 1905 Jacobson v. Massachusetts SCOTUS decision that upheld the state’s position of forced vaccination as their reasoning that mandated mass, nationwide vaccination is constitutional.

However, not is all as it seems.

In his written opinion, Justice John Marshall Harlan recognized that Americans do possess the fundamental right of personal freedom. He also stated, “…the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.”

Basically, the ruling set a precedent that a state does have the power to protect the overall health of their public during an epidemic. The key words, however, are when the population is under “great dangers.” Those words destroy the argument that this SCOTUS decision verifies the right to arbitrarily force vaccinations.

A huge point also not discussed is the penalty for not taking the vaccination: a “nominal fine.” There was no denying people entry into restaurants, or traveling freely in our great country, or any other measures that have been mandated or contemplated, all of which violate the 14th Amendment’s Equal Protection clause anyway.

However, holding on to that ruling as the end all decision to force vaccinations is a quite misled and uninformed viewpoint.

Back in 1901-1903 there was a smallpox outbreak in Cambridge, Massachusetts, and the surrounds. The attack rate of the virus was three cases per 1,000 people. However, the case fatality rate was fairly high at 17%.

Comparing that to the Covid-19 outbreak, there is no similarity. Not even close.

For one, there were many people, no one really knows the exact number, who were already hospitalized and may have been dying or quite sick who then caught the virus and died. That is called comorbidity. The CDC eventually admitted that Covid-19 was listed as the cause of death despite the comorbidity and the seriousness of the other diseases or ailments the person may have been suffering.

Even with those inflated numbers, the case fatality rate for the Covid-19 virus has estimates that range from a low of 0.17% to a high of 1.7%, which is 10 to 100 times less than that which occurred in Cambridge more than a century ago.

The other point is this…”Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less.”

No prison. No lockdown. No quarantine. No denial of social interaction. Only a fine. And a nominal one at that.

As well, since that 1905 decision, there have been other significant rulings that would come into play should this debate ever reach the High Court.

“The right to be free of unwanted physical invasions has been recognized as an integral part of the individual’s constitutional freedoms.” — United States v. Charters (4th Circuit, 1987).

“The forcible injection of medication into a nonconsenting person’s body represents a substantial interference with that person’s liberty.” — Washington v. Harper (Supreme Court, 1990).

One other major aspect to consider is in the 1905 ruling itself.

The Jacobson v. Massachusetts decision was specifically concerning the state’s right to force vaccinations for the “safety of the general public…under the pressure of great dangers.” Again, that was with a 17% case fatality rate.

That would seem to be in line with our U.S. Constitution regarding rights of the states.

Article I Section 8 spells out the very narrow and specific powers of Congress. None of those powers cover this area. There is also no such power granted the president anywhere in Article II. Thus, Amendment X comes in to play.

Taking that into account, if the state has the power to mandate vaccinations to protect the general population of that state during a 17% case death rate it would also seem to be the case that a state could reject a Federal mandate (which would not be constitutional anyway) when there is only 0.17% fatality rate associated with the virus.

Keep in mind, the written decision is framed, “under the pressure of great dangers.” Again, a 17% case death rate is a great danger, whereas a 0.17%, not so much.

Therefore, logically and legally and constitutionally, if there is no “great danger” the state would be right to uphold the fundamental of personal freedom by defying a Federal vaccination mandate as well as passing legislation forbidding vaccination as a condition of employment within their state.

Know your rights. Protect your rights.

Over For Now.

Main Street One

Our Continuing Loss of Rights

During no other time in the history of the United States have we seen such blatant disruption, some would say cancellation, of our unalienable rights than during 2020, all under the guise of protecting one another from a virus.

Being ordered to stay at home without probable cause. Ordered to wear masks and social distance, again without probable cause. Not being allowed to gather in worship at our churches. Unable to assemble in unity at a park or in a home (unless deemed a ‘peaceful protest’ – that often times included violence). Unable to provide for our families as businesses not deemed ‘essential’ were forced to close. Etc. Etc.

And although there have been cases brought before justices and the outcomes have all declared that many Executive Orders and mandates issued by governors and mayors were deemed unconstitutional, they continued to be issued.

US PatentHowever, there is another right, one actually granted by our precious U.S. Constitution that provided for the forward progress of our nation by ensuring that inventors and innovators would be able to reap the harvest of their ingenuity and labor.

Article I Section 8 charged Congress: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

This idea was so important to our Founders to ensure our nation’s advancement and freedom that The Patent Act of 1790 was signed into Law on April 10 by our first president, George Washington, within months after assuming office.

Just how important was this idea to our young nation?

The first Patent board members included none other than Thomas Jefferson, the principal author of our Declaration of Independence and the Secretary of State at the time, along Attorney General Edmund Randolph and Secretary of War Henry Knox.

1st US PatentThe very first patent, number X000001, was issued to Samuel Hopkins for the “improvement in the making of pot ash and pearl ash” on July 31.

Life for inventors continued fairly well after that. There was a process established to stop others from capitalizing on your issued Patent and even, at times, to receive recompense for their act of piracy.

Unfortunately, this right has been eroded, at times dismissed, over the years.

Perhaps the most devastating erosion and perversion of Article I Section 8 and The Patent Act of 1790 has been the so-called America Invents Act of 2011, where the Patent Trial and Appeal Board was thereby established within the U.S. Patent and Trademark Office.

The result?

This administrative tribunal has “cancelled” previously approved and issued patents and, essentially, destroyed the lives and livelihoods of thousands of inventors through their actions.

Deep-pocket corporations have raped and pillaged individuals of their Patent rights and, in most cases, gotten away with it because the vast majority of people do not have the financial wherewithal to take the perpetrators to a federal court, which may cost hundreds of thousands of dollars.

One organization is working relentlessly to reverse the trend of callous disregard and the  elimination of Patent protection for Joe and Mary America – US Inventor. The group was established to: “teach, promote, and defend the invention process and business methods involved in developing an idea, making a profit, and changing lives.”

US Inventor was behind the introduction of a major bi-partisan piece of legislation, The Inventor Rights Act of 2019 (H. R. 5478), that will, if passed, restore long-held patent protections for inventors, as well as mitigate various laws, regulations, and judicial decisions that have curtailed and diminished inventor protection.

As the Father of our U.S. Constitution and fourth president, James Madison, warned, “Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations.”

Americans who cherish their unalienable and constitutionally guaranteed rights must continually fight back – against corrupt politicians, Big Tech, multi-national conglomerates, and others that work to limit, inhibit, or otherwise strip We the People of our liberty and freedom.

Over For Now.

Main Street One

D. R. Casselman Pens Epic Fantasy Adventure

road-to-andolan-front-with-butler-kudoA new author, D. R. Casselman, has burst on to the scene with an epic fantasy adventure requiring four volumes to tell. The series is Tales of Narda and the first installment is Book One: Road to Andolan.

This will not be a lengthy review, as I do not wish to publish any spoilers.

Suffice to say, in this first book there is ample action and adventure, coupled with a bit of mystery and the hint of a pending love story.

There are characters that you will love and some you will most likely despise as the main characters make their way to the land of Narda and, upon arrival, begin their quest to find three of the five missing Seeing Stones, about which you will discover more when you grab the book and start reading.

There are also a range of unusual creatures, some good, some bad, which seems only fair.

You will be taken to a whole new world to thoroughly enjoy.

Dragon Award-winning author D. J. Butler, said of this first book, “A strong start to a new series! The Tales of Narda are classical fantasy that will reawaken in you the same thrills you felt when you first encountered Tolkien’s Middle-Earth.”

And, I certainly agree with him, as I recall first reading The Hobbitt and The Lord of the Rings more years ago than I care to remember. Narda is a rich and imaginative world within your grasp. Do yourself a favor and visit the Tales of Narda website. Aside from being able to order the book, you can download some great free wallpaper.

I do have to note that the official publication date for Road to Andolan is October 20, 2020, the 65th anniversary of The Return of the King.

Over For Now.

Main Street One

Constitution Day 2020

Constitution Day 2020This year has been one for the books, a year where our Constitutionally guaranteed rights have been neglected, abused and even taken away.

Here we will take a closer look at violations of our “Supreme Law of the Land.”

There have been certain states and cities where the issued orders and mandates border on, or cross over into, draconian and tyrannical rule – the precise actions our Founders fought against, and the very reasons they created our U.S. Constitution and Bill of Rights to ensure protection exists.

Three of the worst have been California, New York and Pennsylvania. But, rest assured, there are others.

Here is the bottom line of our “Unconstitutional 2020” …

1. Limiting the size of gatherings and congregations violate the right to peaceably assemble, guaranteed in our 1st Amendment.

2. Ordering Citizens to stay home and closing “non-essential” businesses violates due process, as guaranteed in our 14th Amendment.

3. And, closing of these businesses also violates the Equal Protection Clause of the 14th Amendment.

Peaceably to Assemble - ChicagoNot to mention that there are elected officials who condone and/or encourage, and do not put an end to, the riots, looting and personal harm, injury and senseless murder. Their inaction, condoning or encouraging such violates their own Oath of Office to “support and defend” our U.S. Constitution, specifically Article I Section 8 where it is up to them to “suppress Insurrections.”

That same Article charges Congress to provide for the “general welfare” of America. And, to be clear, welfare in our U.S. Constitution does not mean providing money to people … it means, “Exemption from misfortune, sickness, calamity or evil; the enjoyment of health and the common blessings of life; prosperity; happiness; applied to persons” (Webster’s 1828 Dictionary of the English Language).

Their callous, lax attitude in the face of the violent protests is cause for them to be expelled. As per our laws. Period.

Federal law, specifically 18 United States Code 1918, provides the penalties for violation of the Oath of Office described in 5 U.S.C. 7311 and specifically includes: (1) removal from office and; (2) confinement or a fine.

At least there appears to be a light at the end of this seemingly endless, dark tunnel.

Recently, a Federal Judge ruled in favor of businesses, four counties, as well as some state legislators, against the rules and orders set down by Pennsylvania Governor Tom Wolfe during this Covid-19 period, basically citing 1 through 3 above.

And, Attorney General William Barr has informed state and local prosecutors that they can bring charges of sedition against violent protestors.

Scale of 1 to 1984 - George WashingtonAll Americans should be very concerned where are civil liberties are not only put at risk, but are taken away.

However, there are many Citizens who do not know what their rights are, that they are unalienable (cannot be given away or taken away).

It is up to We the People to ensure that our Liberty stays put.

As principal author of our Declaration of Independence and third president Thomas Jefferson said, “Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.”

Know your rights … only then can you protect your rights.

Make Constitution Day 2020 the day you commit to see to it that all of your family members and friends are educated about our U.S. Constitution.

One place to start is by watching the award-winning In Search of Liberty Constitution movie. It is a great refresher or educational tool about our freedom, our rights, our liberty. Following the movie, check out the more in-depth study offered by Building Blocks for Liberty in their three-hour Constitution Boot Camp Streaming Home Edition or consider Constitutional attorney KrisAnne Hall’s online Liberty First University.

As well, IC Liberty Films has several free informational resources, including essays and books, to assist everyone in this worthwhile endeavor.

The below are free PDF eBook downloads. Click on the title and the PDF will appear in a new window and can then be saved to your device.

Common Sense 2020: Understanding Today’s Political Environment

Our Founding Fathers on our Republic, Freedom & Governance

The Handbook for We the People

The People’s Guide to the United States Constitution

God Bless America!

Over For Now.

Main Street One