ForumsWEPRThe PHLEGM Act

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redbedhead
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redbedhead
341 posts
Nomad

Since you all know I like switching things up for debate I have thought of another faux Bill to be enacted. Please keep in mind that I wrote this in word and copy and pasted it over to AG so sorry if the text get's a little scrambled in some areas.



The Pandemic Health Legislation Enforcing Germ Management Act

Section 1: In case of an imminent pandemic of an infectious disease that spreads through human populations of a large region; such as a continent or even worldwide the P.H.L.E.G.M. Act will be enacted mandating that high risk citizens will be required to receive preventative vaccinations.

SECTION 2. High Risk citizens are defined as:
A. citizens under the age of 21
B. citizens above the age of 65

SECTION 3. A fine of $1,000 will be charged if said citizens do not receive the vaccination after 3 weeks prior to the date that the P.H.L.E.G.M. Act is triggered by section 4.

SECTION 4. The Act will be triggered at dates in which a pandemic arises and vacination becomes available to the public.

SECTION 5. All laws in conflict with this legislation are hereby declared null and void.

  • 19 Replies
Maverick4
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Maverick4
6,800 posts
Peasant

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;


So for public safety, Congress has the right to lock everyone away in small metal boxes? No! Because the Ninth Amendment protects any rights, like the 'Right to Privacy' not expressely outlined in the constitution:

The history of the Constitution reveals the purpose of the Ninth and the Founders' intent: to protect what constitutional lawyers call unenumerated rights -- those rights the Founder assumed and felt no need to specify in the Bill of Rights. Unenumerated rights include, for example, the right to privacy. (http://www.alternet.org/rights/50404/)

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it.


Not sure what you mean by this. Haveas Corpus means you must have the body, the defendant, present in order to try them. So...

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.


This is just a Land Property Clause, and unless you offer more explanation upon this subject, it has no place here.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


This is the 5th amendment, which just states my rights in court. The part you have bolded is part of the 'Grand Jury Clause', and guarntees my right to have any serious federal crimes reviewed by a grand jury.

Plus the Patriot act says, if a national medical emergency is issued, you will either be vaccinated or detained until the emergency has passed,


(http://www.scn.org/ccapa/pa-vs-const.html) As this site points out, the Patriot Act is Unconstitutional, so why should we base our current policies upon faulty policies?

In addition, the surpreme court has ruled that you can be barred from certain public actions, like attending school.


Can you express what cases, as stated by the Supreme Court?

Given a choice between a rampant outbreak of small pox and vaccination/quarantine, the good of the people trump in this case
.

Given the choice between an Authoritarian Regime and a Democracy, the rights of the people trump in this case.

It doesn't breach the Second Amendment because if one so chooses for religious beliefs to not get the vaccination he is still allowed to. The law doesn't inhibit them from doing so it just gives them an incentive NOT to.


Than whats the point of a fine if you won't be fined? And if you will only fine some people some of the time, than thats discriminatory.

Go to a Government building in New York City and park in a handicap parking space without a permit. Fines from handicap violations can exceed the fine that this bill is imposing. It's more beneficial to a citizen to spend $20 then it would be to be forced to pay a $1000.


That may be true, but the Government isn't forcing people to park in the handicap zone. The Government, through the threat of fine, is forcing people to become vaccinated, possibly against there will.

The Ninth Amendment is following rights denied not imposed. You are going outside the Framer's Intent.


Most justices do believe that the Ninth Amendment has binding authority, and they use it to protect implicit rights hinted at but not explicated elsewhere in the Constitution. Implicit rights include both the right to privacy outlined in Griswold v. Connecticut (1965), but also basic unspecified rights such as the right to travel and the right to the presumption of innocence. (http://civilliberty.about.com/od/equalrights/p/9th_amendment.htm)

You've misunderstood the Framers in this case.
redbedhead
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redbedhead
341 posts
Nomad

Are you contending to a loose or literal interpretation of the constitution?

Maverick4
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Maverick4
6,800 posts
Peasant

Yes, but you can't force someone to do anything in a Democratic Society. The Second Amendment states that Congress shall pass no law that respects an establishment of religion, or prehibiting the free exersise therof. SO passing legislation that forces someone to get a vaccination, when it is againsty their religios beliefs to do so, is unconstitutional.

Einfach
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Einfach
1,448 posts
Nomad

SO passing legislation that forces someone to get a vaccination, when it is againsty their religios beliefs to do so, is unconstitutional.

But say my religion said I am forced to murder everyone who denies my God. Is passing legislation against murder also unconstitutional?
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