Home Corona Eutopia, Part 9: To Whom Should One Turn for Lifting of Mandates?

Eutopia, Part 9: To Whom Should One Turn for Lifting of Mandates?

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The United States President and Vice President (as far as one can tell)The United States President and Vice President (as far as one can tell), Photo: Whitehouse.gov

by Mary W Maxwell, LLB

I am at the moment faced with the question of whether to “petition for certiorari” to the US Supreme Court, as my appeal on the vax mandate has been turned down by the First Circuit Court. My desire is to get the 1905 ruling in Jacobson v Massachusetts overturned. As far as I know, mine is the only lawsuit (for an injunction) that relies on the Fourth Amendment. That is, the right to be secure in one’s person.

The fact that this article is tagged “Eutopia” reflects my current reading of Philip Allott’s book Eutopia: New Philosophy and New Law for a Troubled World. He has persuaded me that “things don’t have to be the way they are,” and that societies are constantly making some new arrangements.  Could it be that the US government has outlived its day? Can it be that the mountainous fakery that exists in Washington DC makes it impossible to restore what we once had?

Here in Part 9 (I hope you didn’t miss Part 8 about the strength of good cops), I take a look at the three branches of government and their relationship to the vaccination mandates. Does the Republic’s famous balance of powers guarantee that each branch, being duly jealous of its turf, will counter any invasion of said turf? I’ll examine the three branches in order.  First, the legislature.

Congress

There is nothing to prevent the legislature stepping in today to pass a law against vaccine mandates. Indeed, they should do just that. On June 14, 2021, Rep Thomas Massie of Kentucky introduced a bill, HR3860, to spare the military from vaccination. And this week, on February 10, 2022, Rep Chip Roy of Texas sponsored a similar bill.  Roy said, for the press:

“Because of President Biden’s power-hungry, anti-science COVID-19 vaccine mandate, hundreds of valuable American service members are being forced out of our military, taking with them years of subject-matter expertise, careers of selfless sacrifice, and lifelong dreams of military service,” Roy said in a release. “This is strategically foolish, profoundly un-American, and completely unacceptable.”

The number of vaccinations inflicted on soldiers is amazing and in my opinion is malicious. The Massie bill and the Roy bill, however, have little chance of making it out of committee (the House Armed Services Committee). It is “understood” that the Democrat’s majority in both houses of Congress will not vote to lift the mandates.

Let’s not stop there, though. Congress as a whole is shirking its balance-of-power duty. That is the way it is supposed to guard the Constitution itself, so we don’t end up with King George the Third, again, or King Rothschild any other tyranny.

The executive gained a bunch of unconstitutional powers when it added “health” and “education” to its portfolio. Oops, pardon me, it was Congress that created those departments. I blame every Congressperson today, all 535 of them, for not excising those departments on the grounds of Article I, section 8 of the Constitution.

Section 8 is a lovely little section, with 18 clauses in it, each laying out the grants of power that the Framers gave to the feeds.  If a power (such as control of health) is not listed there, the legislature must eschew it, abjure it, and generally run from it as one would run from a snake, a skunk, or whatever. Oh, and the states should nullify any such law if it passes, but that’s a story for another day.

Executive Orders

Now let’s look at how the “White House” created the mandate for vaccination of “all federal workers.” (It also created one for businesses with 100 or more employees, but I shan’t take time to discuss it, and anyway SCOTUS gave that one the heave-ho.)  President Joseph R Bider, Jr signed an Executive Order on September 9, 2021 (see whitehouse.gov for full text). That EO says all federal workers must get the Covid vax.

Is it a law? Can a president pass a law? OMIGOD, to think such a question could even be asked in this 233rd year of our Constitution. Of course a president is not a lawmaker. The only duty he (or she!) has in relation to law is to “take care that the laws are faithfully executed.”

In the offending September 2021 EO, Biden says:  “It is the policy of my Administration to halt the spread of coronavirus disease 2019 (COVID-19), including the B.1.617.2 (Delta) variant, by relying on the best available data and science-based public health measures.” OK, thus far he couches his intervention as a “policy.” [We’ll pass over the fact that he certainly did NOT “rely on the best… science… etc”.]

Biden continues: “The nationwide public health emergency, first declared by the Secretary of Health and Human Services on January 31, 2020, remains in effect….” [No person in government has the authority to do that. May I remind everyone how we got to have a “public health service”” It resulted from stealth. Some forward-looking chaps — if you know what I mean — arranged early in America’s life for there to be a hospital for seamen landing on our shore.  And its top doctor director got transmogrified, over time, into “The US Surgeon General.”]

Furthermore, the president says:   “COVID-19 vaccines are widely available in the United States.  They … they significantly reduce the likelihood of hospitalization and death.  [No, they actually cause more deaths, net.] Pfizer’s Comirnaty, has received approval from the Food and Drug Administration (FDA), and two others, the Moderna COVID-19 Vaccine and the Janssen COVID-19 Vaccine, have been authorized by the FDA for emergency use.”  [There is no emergency; except for very old people, the rate f recovery from Covis iso over 99%]

Biden: “The FDA has determined that all three vaccines meet its rigorous standards for safety, effectiveness, and manufacturing quality.” [That is untrue. Proper trials could not have been performed in a short time, and by the by, such trials as were conducted are being hidden at the request of the FDA.]

“The FDA Has No Authority on Treatment; It’s a Product Safety Agency” is the name of an article by me dated August 25, 2021, quod vide, s’il vous plait. It contains information as to how it’s the AMA in each state that arranges legislation to push certain drugs.

Wow, the role of the media in getting Americans to think all is kosher in regard to the Constitution!  They let Biden get away with this crazy remark in his Executive Order:

“I have determined that ensuring the health and safety of the Federal workforce and the efficiency of the civil service requires immediate action…..  It is essential that Federal employees take all available steps to protect themselves and avoid spreading COVID-19 to their co-workers and members of the public. The CDC has found that the best way to do so is to be vaccinated…. Accordingly … I have determined that … it is necessary to require COVID-19 vaccination for all Federal employees, subject to such exceptions as required by law.”

Courts

Here come the courts, right?  To knock down any breaches of the Constitution. (Play drums and ge’em music in the background.)

Well, not exactly. There is nothing in the Constitution to allow the Third Branch to come riding in on white horses, guns blazing.  They can act only if some party (such as myself) brings a case.   A lawsuit was filed in Texas, asking for an injunction against Biden’s vax mandate. The plaintiffs are a worker’s union, AFGE local 918, and a group calling itself Feds for Medical Freedom.  They represent civilian federal employees, not soldiers.

Luckily, a judge of the US District Court for the Southern District of Texas ruled in their favor. The government appealed that decision to the Fifth Circuit, and it ended up recently in the US Supreme Court. The District Court judge, Judge Jeffrey Brown had said that the US president does not have the authority to require all federal employees to be vaccinated.

I interrupt the story here to say that the district judge did not say “Hey wait a minute, O Government, the EO from Biden makes a lot of false statements about the vaccine.” It’s really not the judge’s job to do that — although he can do it — and we must ask why the plaintiff did not argue that way.  Someone like Dr Peter McCullough could have offered to be an amicus curiae, I suppose.

But Judge Brown at least called it “a bridge too far.” He wrote that the Texas case

“is not even about the federal government’s power, exercised properly to mandate vaccination of its employees. It is instead about whether the president can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment. That, under the current state of the law as just recently expressed by the Supreme Court, is a bridge too far.”

(I am not sure why a district court appears to be making a decision after the US Supreme Court has ruled.  I assume it’s because they sent it back, that is they remanded it, for further wok at the lower level.)

Does an Emergency Ease the Constitution’s Architecture?

I have thus far shown the disappointing behavior of all three branches of government.  And recall Allott’s words “It doesn’t have to be this way.” But perhaps some readers are wondering why Mary Maxwell fails to appreciate that in an emergency we can’t get all fuddy duddy about the niceties of the law.  Indeed isn’t May the very person who goes around quoting the law maxim “Necessitas non habet legem. — necessity has no law?”

In 1976, Congress passed the National Emergencies Act. It is codified at 50 USC 1601–1651. It does not overcome a 1934 ruling by SCOTUS that the US Constitution is not to be fiddled with when we have emergencies.  Here are the judiciary’s clear words in Blaisdell v Home Building and Loan Association:

9999“Emergency does not create power. Emergency does not increase granted power…. The Constitution was adopted in a period of grave emergency. Its grants of power … were not altered by emergency.”99999

As the saying goes, you don’t need to be a rocket scientist to understand that. By the way, that Act says that Congress can simply pass a bill to end any emergency declared by a president. So let’s go, Congress.

What Would Philip Allott Say?

Philip Allott’s Eutopia is the perfect book for the current crisis over mandates.  Not that it ever breathes the word Mandate, just that the author “incites us” to use our brain.

I vouchsafe to use my brain in the following way. I declare that it is a nearly hopeless situation for us Americans when only a handful of the 535 Congressperson can bother to object to presidential overreach in the manner beautifully provided to us by the Framers of the Constitution. The Framers had overreach foremost in their minds, when they wrote each of the first four articles of the dear parchment. Note that they gave The House of Reps — the people’s house — the sole right to impeach.

As for the courts, whose judges are impeachable for “not being on good behavior,” they should not have dismissed — without even a hearing — my request for an injunction against any mandated vaccinations. (My case is Maxwell v Secretary of Defense et al). As stated, the Jacobson ruling of 1905 needs to be overturned.  I believe it was properly decided, to the extent that the high court’s ruling OK’d the state’s power to oversee health. But Jacobson gets recklessly cited as proof that fining Mr Jacobson ($5!) for refusing vaccination is current law.

How can it be current law when what we are dealing with today is CRIMINAL vaccination?

O Canada

In Canada, members of Parliament are asking the Prime Minister to lift mandates (not just for vax, but for lockdowns and masks), and it does not look like he is about to accede to that request.  This may cause a leadership spill.  (Or to say it another way, the truckers’ convoy could force Trudeau’s resignation.)

As this article is part of the Eutopia series, I should say here that some excellent “recalcitrance” is being shown by the truckers. I am sure this is the real-deal confrontation between the people and the government. It looks to me that Parliament has voted for its own obsolescence.

Social change is at hand.

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47 COMMENTS

  1. I agree with Riccardo Bosi… this movement is not about removing mandates… it is about removing governments. Mary writes in para 2 “He has persuaded me that “things don’t have to be the way they are,” and that societies are constantly making some new arrangements. Could it be that the US government has outlived its day?”

      • https://www.newdawnmagazine.com/articles/mind-control-in-australia

        Wrenched from the hands of its native population through a bloody series of wars and oppression, the modern nation of Australia was established as a British penal colony in 1788. Doubtlessly much has changed and developed since then, but still it’s difficult to shake the image of Australia as contiguous and eternal penal colony.

        Since federation in 1901, examples of Australia as anything but felicitous imperial servant are few and far between. The nation cheerfully delivered its young to be blood sacrifices in the imperial territorial jousts of the twentieth century and various Anglo-American imperial intrigues throughout the latter twentieth century and early twenty-first.

        A slave-nation of idiot infants bewitched by shock-jock tirades and pop-culture baubles, unable to discern the psychic plantation walls that dwarf and surround it.

        Twenty-four million lost souls trapped in the penal mind, prisoners of push-polling, perfidious punditry and permanent war-footing propaganda.

        • “Since federation in 1901, examples of Australia as anything but felicitous imperial servant are few and far between”

          That was untill Feb 12, 2022 thank you.

    • I agree that the present system is not working and a different type of ‘democracy’ needs to evolve. I also agree with most of the points that the ‘Saker’ makes in this essay.

      https://thesaker.is/the-care-and-feeding-of-the-rabble-democracy-its-own-self/

      As a barrister, I was stunned at some of the dim witted judges/magistrates I presented cases to. Like many, I assumed that someone who became a judge/magistrate would be a more educated and intelligent than the average person in the society. If judges/magistrates can be appointed that are so badly a fit for the job, good Gawd think of the clowns in the political circus of party politics.

      Along with the points that the Saker makes with intelligence, education and experience, I feel there should also be a psychological test regarding psychopathy. Such a test would have eliminated many of the people he made reference to, such as Hilliary.

      • Just looking back on the article, I realized it was written by Fred Reed for the Saker blog. Fred’s stuff is always a delight for me to read, he doesn’t pull any punches and doesn’t talk bullshit. Definitely someone the ‘woke’ brigade wants cancelled.

        • Fair, I’d agree with your assessment of the article by the ‘Saker’, he obviously hasn’t done enough research into this plandemic. However, the article I referred to was done by Fred Reed on democracy.

          • Thanks Terry, I understand the article was by Fred Reed. I didnt intend to be passing any judgement on anyone, but after enjoying reading the sakers blog for a while, I was amazed by my understanding of his position covid related. me(a culpa) being off topic again.

  3. A must watch

    An International Court will issue its verdict and sentence against Pfizer Pharmaceuticals, China, the Vatican, and other genocidal agencies on January 15, 2022, after a five month investigation and trial on Canada’s west coast. The Court’s chief advisor, Kevin Annett, has dodged two assassination attempts during 2021, and faces more attacks from these and other guilty criminals. Kevin describes the background and what is to come. See http://www.murderbydecree.com . Posted on 7-8 January, 2022.

    • Just keep the popcorn coming … and the cheese and crackers with kalamata olives (or perhaps gherkins for Gumshoers)

      • Trials confirm safety of AstraZeneca/Sputnik vaccine combo – Russia

      https://www.rt.com/russia/549261-sputnik-astrazeneca-combo-trial/
      • Russia teams up with Pfizer to create ultimate clotshot cocktail – and more …

      https://edwardslavsquat.substack.com/archive?sort=search&search=pfizer

      • And the latest from Edward Slavsquat …

      https://edwardslavsquat.substack.com/archive?sort=new

    • The Chinese biological laboratory in Wuhan is owned by GlaxoSmithKline who owns Pfizer, producer of the COVID-19 vaccine.

      Posted on December 23, 2020 by State of the Nation

      12/23/2020 — The Chinese biological laboratory in Wuhan is owned by GlaxoSmithKline who by coincidence owns Pfizer (the one who produces the vaccine for the virus that (by coincidence) started the biological lab in Wuhan, which was (by coincidence) funded by Dr. Fauci who is (by coincidence) promoting the vaccine. …..GlaxoSmithKline (by coincidence) is owned by Black Rock finances who (by coincidence) manages the finances of the Open Source Foundation Company (Soros Foundation) which by coincidence serves the French AXA (Insurance Co.)! …. By coincidence Soros owns the German Co. Winterthur which (by coincidence) built the Chinese laboratory in Wuhan which was bought by the German Allianz which (by coincidence) has Vanguard as a shareholder which (by coincidence) is a shareholder of Black Rock, which (by coincidence) which controls the Central Banks and manages about one third of the global investment capital. … Black Rock (by coincidence) is also the major holder of MICROSOFT, the property of Bill Gates, who (by coincidence) is a shareholder of Pfizer (selling the miracle vaccine) and who (by coincidence) is currently the first sponsor of WHO. Conspiracy Daily Update | a part of the movement to Truth!

      https://stateofthenation.co/?p=43205

  6. Diane, I respect Kevin Annett who has worked so hard and with a basically sensible program. In the video you provided, he says he will present his court’s findings re Covid on January 15, 2022, but when I went to his website I did not see that it has been published.

    Now here is my chance to mention Trish. In the video above, Annett says the Chinese government has been working for years with Pfizer and others to steal kids from Vancouver Island, the west coast of Canada (such as for organs.)

    Trish Fotheringham said — and I am pretty sure she published this years ago (she died in December 2020): That when she was a helper of the child stealers, at age 12 herself, many of the men aboard the ship were Chinese and were in a uniform, but she couldn’t tell if it was a genuine military uniform.

    Trish lived in Victoria, British Columbia. Her grandfather (a military man) was the key person in her getting mind-controlled. When I say she helped the baddies, yes, she sorrowfully admits she was part of it. After age 35 or so she found out what had been done to her mind and then gave her all to correcting the situation.

    Oops, I said “aboard the ship” without explaining. There was apparently a trafficking of children across the Pacific. Trish had the notion that kids from far away were sold to other countries. I mean she would “receive” kids from eastern Canada or US and ship them out. Believe me, I don’t mean she was the boss. She was only 12.

    I grilled Trish many times from 2010 to 2020. She welcomed my questions and did not get defensive if I failed to believe this or that. Until today, when you gave us the Annett clip, I had never heard of cross-fertilization between Canada and China.

    The year in which she was 12 was 1972. Ahem. Just when the US (Nixon, Kissinger) “opened up China.”

    Trish did not go across to China with the kids. Her job consisted only of helping them adjust to the ship while in port. I remember she said she wore a formal gown to make her look important.

    Many Canadians are mourning the loss of Trish. She was very kind and the most positive person you could meet.

    I make this disclaimer: Trish was possibly incorrect about the “ships.”

    • Re Kevin–it is not the 15th until Wednesday—and he is under huge threat–

      Mary this will be of great interest to you. I have only watched Episode 1.

      “Adrian Wells was trafficked by the military, ASIO, CIA, navy, government and airforce right here in Aus. His experience at the hands of powerful perpetrators, including Scott Morrison reveals the extent this evil has infiltrated all institutions, services and systems.

      Through their filthy secret of child rape a hidden society has control over their puppets like Scumo that outwardly appear to be running this country. Adrian was also abused by Gen Flynn who has ties to Aus military.

      The military industrial complex and intelligence agencies are the cult operation arms that control our world

      The protection of ritual abusers and child rapists must be exposed and publicly called out.
      Truth and exposure is their weakness.”

      #itstime for a true grassroots movement of the people rising up for truth justice and freedom for all children

      EVERY CHILD DESERVES TO GROW UP SAFE

      We have interviewed Adrian Wells on u tube @ Aquarius Rising over 2 interviews

      Adrian interview 1 ▶️ https://www.youtube.com/watch?v=gpEU9TPhdWk

      SUBSCRIBE
      “Join us today with Adrian Wells from Australia. He’s a former victim of child abuse trafficking in Australia, involving the government, military, navy, airforce…. you don’t want to miss this, so sit back with your cuppa and prepare for some jaw-droppers…”

    • Interesting to see how far the amateur CGI has come, looking at Winston he seems to have been contrived from only 2 or 3 old b&w photos. So the CGI professionals no doubt could make anything as real as you pleased, and pump it out on the fake news. Who needs Biden robots or doubles, who even needs Biden, or anyone. Now we’re in the early stages of a fake invasion by Russia. Wasn’t all this in Orwell ? A permanent fake war ?

      • I wonder if Justin Turdeau-Swab and Jacinta Ardern-Swab have worked out they are becoming obsolete and soon to be thrown under the bus ( unless they actually have the bloodlines ).

  8. What interests me is that the so-called “mandate” is actually an exclusion
    And that I’ve yet to see said issue being addressed anywhere as such

    The “everything-is-prohibited-unless-specifically allowed” tide of the preceding decades has been given virtually no acknowledgement
    There doesn’t seem to be much understanding that licensing in any shape or form defies the very concept of law & order
    And that it cannot, by it’s very nature, ever stand still

    • Bad example – Mussolini was murdered by Jewish communist terrorists (‘partisans’) … here is a better example (from Ghost Empire by Richard Fidler)

      <>bThe Fate of Andronicus
      [with a little bit of background for context}

      “Later that year [1180], Manuel’s [Manuel I Comnenus (or Komnenos)] health declined and he died after a long fever.

      Manuel had recognised the growing wealth and power of the Italian city-states of Venice, Genoa and Pisa by granting them generous trade concessions in Constantinople. The presence of these rich Italians on the streets of the city was deeply resented. Their wealth had made them arrogant and their Catholicism made them ungodly in the eyes of the Orthodox faithful.

      […]

      Andronicus, […] raised a band of followers and marched on Constantinople. A contingent of soldiers was sent out to intercept them. Instead, they defected to Andronicus’ side, along with the commander of the imperial navy. The gates of the city were opened and Andronicus entered Constantinople unchallenged to an emotional, almost hysterical welcome.

      The man who now controlled Constantinople, and the Roman empire, was a psychopath.

      Thousands of Latin Catholics were murdered, women and children along with them. John, the papal legate, was killed and his severed head was tied to the tail of a dog and dragged through the city streets. […] Andronicus, the beneficiary of all the violence, did nothing to stop it.”

      It got worse, and just a few short years later …

      [… for brevity, quoting from another generic source …]

      “Andronicus became increasingly paranoid and violent, however, and the Empire descended into a terror state. In September 1185, he ordered the execution of all prisoners, exiles, and their families for collusion with the invaders. The aristocrats in turn were infuriated against him, and there were several revolts …”

      Back to Ghost Empire for the concluding stages:

      “Andronicus was shackled and paraded in front of the new Emperor Isaac Angelus. He was slapped across the face and kicked on the buttocks. His beard was torn and his teeth pulled out. Women stepped forward to pummel him with their fists. His right hand was cut off with an axe and then he was thrown back into his cell.

      Two days later, one of his eyes was gouged out and then he was handed over to the mob. Andronicus was placed on a camel and paraded through the streets, ’looking like a leafless and withered old stump’. People struck him with clubs and poured shit on his head. All the cruelty he had inflicted upon the lives of his people was now revisited upon his body.

      Somehow still alive, Andronicus was brought into the Hippodrome, seated on the hump of the camel, in a gruesome parody of a triumphal procession. He was pulled off his camel and suspended by his feet between two pillars. As he suffered these terrible ordeals he turned to his tormentors and whimpered, “Lord have mercy”, and “Why do you further bruise the broken reed?”

      Two Latin soldiers with swords stepped forward and cleaved him apart. As they did so, he raised his handless right arm to his mouth, and then he died. He was sixty-seven years old and he was the last emperor of the Comneni, the dynasty founded by Alexius I. His son John was killed by his own troops in Thrace.”

  13. • Enforced inoculation is genocidal land grab in Northern Territory, sold out by all Land Councils – Keith Rory, Cairns News

    https://cairnsnews.org/2022/02/14/enforced-inoculation-is-genocidal-land-grab-in-northern-territory-sold-out-by-all-land-councils/

    Just by the way – I am becoming increasingly concerned that despite all the marvellous content, the Reiner Füllmich-led ‘Grand Jury’ (Court of Public Opinion on COVID-19) is another massive, elaborate façade. There does not seem to be an enforcement plan.

  16. They are saying our government bought 150 million doses of va666ine, this would cost a few billion dollars maybe, and looks like 6 injections for every man woman child and baby. However, they may be planning to foist them on the foreign aid budget, which is already budgeted for, so they get 2 bangs for each buck, one is they give some junk to African junkies, and two is they placate BigPharma who seems to control half the world (MIC the other). How much did we just spend on nucular submarines and F-35 planes ? ( “we” actually includes you and me paying the tax )

  17. RATS one use throw away kits, all made in the same factories in China, at $10 each. Figure at one billion doses, and that just the tip of the iceberg, follow the money WHO profits? Certainly not the commons, more blatantly obvious now than ever before. Doesn’t matter, switch on the box and make sure not to think – it’s a crime these days. Everything is BS by movie stars.

  18. I rest in consolidation, you have no idea my relief in reading this page. The testing of law, not a mainstay for me, I can recognise as paramount.
    I rest because of how the physical ramificactions could/and will, run out, my dream to be on point.

  19. Over Half The Deaths Seen By This Funeral Director Were Caused By COVID Vaccines
    February 13, 2022

    Fifteen embalmers are all seeing odd fatal clotting in people that first started in 2021. As many as 65% of cases are affected. Just like the DMED data, this evidence is being totally ignored by the mainstream press and medical community as well as the CDC and other HHS agencies. The only explanation that fits all the facts is that the vaccines are killing Americans in massive numbers and should be immediately halted………………….

    https://greatgameindia.com/funeral-director-deaths-covid-vaccine/

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