Yikes! We could be facing the most authoritarian vaccine mandate yet from the Biden Administration....as if it wasn't already bad enough.
White House Press Secretary Jen Psaki gave a bit of a spoiler alert on President Joe Biden's next unconstitutional mandate, stating during g a press conference that “nothing is off the table," including a mandate for domestic travel.
CNN's Kaitlin Collins asked Psaki, “Is he now considering mandating vaccinations to fly domestically?”
“Well, I think what you heard the President say — I think — it was hard to hear the question, so I think this was a question that was asked, but was that he wasn’t taking any options off the table, but he’s going to rely on that advice of his health and medical experts,” Psaki replied.
Here's the wrench in that plan: the Fifth Amendment implies that the right to travel is a fundamental human right....a right that has been upheld in the Supreme Court over and over again.
Trending Politics reports:
However, such burdens on interstate travel clearly violate the U.S. Constitution’s “freedom of travel,” which has been widely recognized in the nation’s federal courts.
“In Kent v. Dulles, 357 U.S. 116 (1958), the United States Secretary of State had refused to issue a passport to an American citizen based on the suspicion that the plaintiff was going abroad to promote communism (personal restrictions/national security),” Wikipedia summarized. “Although the Court did not reach the question of constitutionality in this case, the Court, in an opinion by Justice William O. Douglas, held that the federal government may not restrict the right to travel without due process”:
The right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that “liberty” is to be regulated, it must be pursuant to the law-making functions of the Congress. . . . . Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . . may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.
The Legal Information Institute also provides background on the “freedom of travel.”
The doctrine of the “right to travel” actually encompasses three separate rights, of which two have been notable for the uncertainty of their textual support. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis. The second, expressly addressed by the first sentence of Article IV, provides a citizen of one state who is temporarily visiting another state the “Privileges and Immunities” of a citizen of the latter state. The third is the right of a new arrival to a state, who establishes citizenship in that state, to enjoy the same rights and benefits as other state citizens. This right is most often invoked in challenges to durational residency requirements, which require that persons reside in a state for a specified period of time before taking advantage of the benefits of that state’s citizenship.
I truly do not see this mandate holding up in a court of law...however, that doesn't mean that the Biden Administration won't attempt to push it through anyway.
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