President Biden’s vaccine mandate is unconstitutional. He issued two Executive Orders on September 9, 2021 requiring Covid-19 vaccination.
I would like to lay out just one concept, the Constitutionality of his Executive Orders. The Constitution does permit the issuance of executive orders, but their function is limited, and not intended for establishing laws.
The first message of the Constitution says: “All legislative Powers herein granted shall be vested in a Congress of the United States.” [Emphasis added.]
Congress is given the authority to make laws. The Founding Fathers specifically used the word ALL. No other branches were authorized to pass laws. The President was not given the authority to make laws. He only has enforcement authority.
Many people appear to be confused about how Executive Orders work. The function of Executive Orders is to establish rules for Federal Executive Agencies. For example, the President issued EO-14040 to declassify some 9/11 documents previously deemed sensitive. This is within the limits of an executive order because it deals with the functioning of federal agencies.
However, if an Executive Order is meant to tell Americans what to do, then it falls outside of the intent when the Founders’ set Executive Orders in place.
The limits of our actions are set by laws. The President of the United States was not authorized by the Constitution to establish laws. Only Congress was authorized to establish laws.
In Federalist 47, Madison explains:
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
“When the legislative and executive powers are united in the same person or body, there can be no liberty, because apprehensions may arise lest THE SAME monarch or senate should ENACT tyrannical laws to EXECUTE them in a tyrannical manner.”