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Do federal mandates supersede state law? My company said if the State makes it illegal to implement vax mandates it doesn’t matter because Biden’s EO overrules, especially since my company has federal contracts. As of now we all have to get the jab or be fired by 12/8.

Do federal mandates supersede state law? My company said if the State makes it illegal to implement vax mandates it doesn’t matter because Biden’s EO overrules, especially since my company has federal contracts. As of now we all have to get the jab or be fired by 12/8.

(post is archived)

[–] • 3 pts

Let them fuck around and find out. Biden's EO is blatantly unconstititional, so either the courts will toss it or the courts will completely join the Communist party and it'll be time for secession.

[–] • 1 pt

will completely join the Communist

Been that way for a long time regarding the 2A.

[–] • 2 pts

as of now, there is no federal mandate. just like psaki's musing about social media censorship, they are coercing corporations into doing their dirty work for them.

[–] • 1 pt

Nothing supersedes the Constitution, and courts don't get to 'interpret' it they get their power from it.

Go read the 10th amendment regarding the myth of Federal laws "superseding" states laws.

10th: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

i.e. Vax mandates are a clear violation of the 4th and no state may make a law requiring them. In other cases like abortion where the Constitution does not enumerate a right, one could make the argument there for individual States to decide.

4th: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[–] • 0 pt

There is no federal law. That’s why I’m asking.

[–] • 0 pt

Federal statutes supercede state law in very few, limited situations. There is no constitutional basis for a vaccine mandate, but that will need to be challenged in court. Most private companies are happy to have a reason to implement a vaccine mandate that they can blame on someone else.

[–] • -1 pt

If your State does not mandate the vax, and makes it illegal then you do not have to take it. If you are a federal worker or congressional type of some sort then Yes. It's for federal workers only.