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Masking Up Under Biden: The Perils Of Tribalism, Bureaucracy And Lawsuits

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Masking Up Under Biden: The Perils Of Tribalism, Bureaucracy And Lawsuits

ILLUSTRATIVE IMAGE

Submitted by Dr. Binoy Kampmark

One crackling theme streaking through the US elections of 2020 was the issue of mask wearing.  Critics initially felt that facemasks were of the too important category in combating the novel coronavirus: purchasing and using them was tantamount to prizing valuable protective equipment from doctors and frontline workers.  But COVID-19 continued to rage, and various public health bodies including the World Health Organization revised their initially cautious approach.  Masks, manufactured in abundance, could be an affordable non-pharmacological method of halting the spread of the pandemic.

The facemask became the symbol of the now departed Donald Trump’s view of the world: to don such a covering was an admission of weakness, an effete alternative to the rugged, at times idiotic notion of pioneer individualism.  Had he stuck to a debate on scientific literature (causation not being correlation and vice-a-versa), he might have been on firmer ground.  Instead, he preferred to dismiss mask wearing as an act of political correctness.

Joe Biden, in contrast, promised to scotch any such reservations on coming to office.  On August 20, 2020, he declared in accepting the Democratic nomination that his COVID-19 plan would involve a “national mandate to wear a mask.”  He called it “a patriotic duty” rather than an onerous burden.

The logistics for any such national policies would always be challenging and potentially imperilling.  Trump, scoffing at the validity of such measures, suggested in a press briefing last year that Biden was incapable of identifying “what authority the president has to issue such a mandate or how federal law enforcement could possibly enforce it or why we would be stepping on governors throughout our country, many of whom have done a very good job and know what is needed.”

A prevailing conventional view is that the province of public health and safety remains the purview and power of state governments.  In 1905, the Supreme Court in Jacobson v Massachusetts held by 7-2 that states have the power to enact compulsory regulations in regulating public health.  The justices were particular interested in mandatory vaccination laws, and found that, states had “the police power … to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of public health.”

In July 2020, James Phillips of Chapman University and John Yoo of UC Berkeley expressed the view that the constitutional republic would find vast federally imposed measures, even those protecting the health of the populace, problematic and undesirable. “Our founders established a national government of limited, enumerated powers, and reserved the authority over everything else to the states.”

There was no shortness of irony in this, given Yoo’s advice to the George W. Bush administration when serving in the office of Legal Counsel advocating vast executive powers justifying, among other things, the use of torture and warrantless surveillance.  During times of national emergency, the executive power expands.  Not, it seems, during a public health crisis.

For all that, the authors do make valid points.  Biden would have to rely on Congressional measures that he himself could enforce.  One source of authorising power can be found in the Commerce Clause, empowering Congress to “regulate Commerce … among the several States.”  Mask wearing protocols might be tagged to interstate travel, though it would be problematic compelling non-travelling citizens to wear them.

According to the authors, wearing a mask might not be commercial in nature, but mandating mask wearing would increase commerce.  But Supreme Court jurisprudence on the subject, notably in the Obamacare case, has held that “Congress cannot create commerce in order to then regulate it.”

David Carillo of the California Constitutional Centre at UC Berkeley’s School of Law notes that Biden is on safe ground when it comes to mandating the use of masks in federal buildings and on federal property via executive order.  Such a power would not extend to mandatory mask wearing “on interstate buses and trains because only the US Congress can regulate interstate commerce by law, not the president by directive.”

Legal challenges are inevitable, and Quinnipiac University School of Law’s William Dunlap sees litigants pressing courts to “look and see what Congress has done and compare the president’s rules with existing congressional rules to see whether they contradict each other or support each other.”

On January 20, 2021, the new president signed an Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing, enacting regulations very much in line with Carillo’s advice.  “Put simply, masks and other public health measures reduce the spread of the disease, particularly when communities make widespread use of such measures, and thus save lives.”

The order also encourages a “masking across America,” with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention tasked with engaging “as appropriate, with State, local, Tribal, and territorial officials, as well as business, union, academic, and other community leaders, regarding mask-wearing and other public health measures”.  The aim of such engagement is to maximise “public compliance with, and addressing any obstacles to, mask-wearing and other public health practices identified by CDC.”

A second Executive Order requires mask wearing on certain domestic modes of transportation covering airports, commercial aircraft, trains, public maritime vessels, intercity bus services and “all forms of public transportation as defined in section 5302 of title 49, United States Code.”  But Biden also acknowledges that consultation shall take place between the heads of agencies and “State, local, Tribal and territorial officials” along with “industry and union representatives from the transport sector; and consumer representatives.”  The fangs of the regulation seem, if not missing, then distinctly blunt.

Both orders, in other words, amount to a national mask framework of sorts but point to a grand suggestion rather than an imperative for mask wearing.  The orders do little to clarify the machinery of enforcement, and how strictly the task will be pursued.  Agencies will be given the lead, but this entire effort risks crumbling before the twin forces of confused bureaucracy and dedicated tribalism.  Republicans are already promising derailing lawsuits.  Representative Chip Roy (R-Texas) preferred the more vulgar alternative.  “On day one,” he tweeted in December in response to Biden’s promise, “I will tell you to kiss my ass.”

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge.  He lectures at RMIT University, Melbourne.  Email: bkampmark@gmail.com

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Just Me

This is the most Jew infested government in US history. A Zionist is now the Secretary of State and has just warned Russia that unless democratic protestors are not released, the situation can blow up. This is open threat to start terrorism in Russia.

El Duderino

Zionist Jews have controlled the U.S. since the creation of the Federal Reserve. I don’t hate Zionism per se, but the ones who have hijacked the term “Zionist” are secular leftists who detest both Judaism and Christianity.

Look at how Haredim are treated in Israel, just for starters.

RichardD

I have my car carrier stored in a gated fenced facility south of Portland. I went down there last night for the first time since parking it there in December 2019 when I took it off the road and finished a 20 year carrier as a truck driver. Most of it as a car carrier owner operator. It started first try without a jump. I let it run for about an hour to top off the charge on the batteries. And drove it forward and backward some to make sure that all of the systems were functional. And ran all of the hydraulics on the headrack and trailer.

The homelessness is Portland is as bad as Seattle. The video below is from the camp set up at the city hall in Bellingham, WA just south of the Canadian border were the homeless broke into the building today and the mayor had to be evacuated. The west coast dem mayors and governors are anti American traitors who are deliberately destroying their cities and states for the criminally insane Jew World Order cabal.

RichardD
El Duderino

You worked as a truck driver? LOL

RichardD

What do you do?

El Duderino

I own a tech company.

RichardD

Do you spend your life in an office looking at a desk?

El Duderino

No, I travel quite a bit and give my employees orders. Sure, there is some busy work, but being a leader in tech is fascinating and more rewarding than driving rigs.

RichardD

I’ve been to all 48 states and over 95% of every city over 100,000. What have you seen?

El Duderino

Ever go outside of the country? And I don’t mean Mexico, Machu Picchu, or some resort in the Dominican Republic. I’ve been to India, Sri Lanka, Nepal, Thailand, Myanmar, FSM, Seychelles, Mauritius, Madagascar, and even Kenya.

RichardD

I’ve been to Europe, the middle east and Latin America.

El Duderino

On a truck driver’s salary?

RichardD

Owner operators make more than company drivers.

El Duderino

How’d you get into driving trucks? Did you attend a commercial truck driving school right after high school? It must have been pricey.

RichardD

Yes I went to school and got a CDL.

El Duderino

You invested all that time and money in commercial truck driving school just so that you could earn a meager salary as a “car carrier owner operator.” LOL And you still live in Portland despite it being infested with potheads and homeless bums.

RichardD

You consider being antisocial as sign that you’re better than others?

El Duderino

We’re all classist to some degree.

RichardD

Where does arrogant antisocial insulting scumbag fit in your social preferences?

cechas vodobenikov

obviously a pathetic amerikan
“amerikans bewilder Europeans….amerikan males especially ….an overwhelming insecurity ….only in amerika is the father vestigial; the amerikan mind and conscience is feminine”. Geoffrey Gorer
obviously you have never lived in a civilized nation

Just Me

Wonder why no has thumped an arrogant midget prick like yourself :)

El Duderino

“Thumped”? LOL Are you trying to ask what I think you’re trying to ask?

Just Me

A$$hole, my background is military and I would have stuck your little nerd down the head.

El Duderino

So you’re a former tax eater? I paid your salary. You thought you were “protecting the country,” when you were really just doing the bidding of Israel and the same globalist New World Order cabal which controls the U.S. government/Federal Reserve.

Come on. I figured by the age of 14 that the U.S. government was corrupt.

cechas vodobenikov

but of course u r a monolingual idiot that comprehends zero!

El Duderino

English is the lingua franca of the world. No need to learn anything else. Unless of course China invades us, which they don’t have the guts to do.

Even Zionist Jews prefer communicating in AMERICAN English.

El Duderino

Hold up a second, you’re surprisingly eloquent for a truck driver. Why would you work such a lowly job? You should have lived up to your potential.

RichardD

Most truck drivers don’t own their equipment, have their own authorities and do their own dispatching.

El Duderino

Oh, so you were an owner operator then?

RichardD

Is English your first language, did you have trouble understanding the first comment that you replied to:

“Most of it as a car carrier owner operator.”

And you run a tech company?

El Duderino

I was just clarifying since I’m not familiar with blue-collar jargon. And yes, I do run a tech company, one which has offices all over the world. We design and sell software packages. The market values me way more than it does you.

RichardD

So you’re an arrogant a h who thinks that his sh## doesn’t stink and gets his jollies by insulting people that he considers inferior?

El Duderino

Quite honestly, yes.

RichardD

That says a lot about what kind of scum bag you are.

Just Me

Don’t be an arrogant prick. Software “development ” is nothing to brag about.

El Duderino

Yet the market clearly values me over people like you. Think about it…working-class people often have long commutes, physically strenuous jobs, and are exposed to industrial contaminants on a daily basis. Their job has a very high rate of injury and even death. So many middle-aged blue-collar workers struggle with obesity, cancer, arthritis, heart disease, and the like.

White-collar workers, on the other hand, tend to be healthier because our jobs don’t place physical stress on our bodies. We can afford to eat healthy and do proper workouts in the gym.

Just Me

How do you know what I do, you parsimonious pompous little inferiority complex ridden creep.

El Duderino

Just guessing. Most Disqus users tend to be older and often retired from working blue-collar jobs such as construction, truck driving, warehouse labor, ranching (or farming), nursing, etc. etc. Others are often retired from jobs in the service sector (e.g. grocery store and retail).

Very few are retired from jobs in tech, science, medicine, and the like.

Just Me

LOL

El Duderino

Oh yeah. Many are also former military. But almost all are out-of-touch, spiritually weak, and pitiable.

RichardD

So what does being an arrogant antisocial insulting scumbag make you?

El Duderino

It makes me feel good about myself.

RichardD

Are you a masochist who surrounds yourself with people with similar personality disorders because you like the abuse, or a two faced hypocrite who avoids them?

El Duderino

Nether. I’m sort of a lone wolf, though if I choose to socialize, it’s with people who have a similar sense of humor.

RichardD

The personality disorder that you describe is commonly known as being an a h. Which is an indication that you’re sick in the head.

cechas vodobenikov

a typical anti-intellectual status anxious insecure amerikan—pathetic

El Duderino

Which part of Russia do you reside in?

RichardD

And white collar workers don’t “struggle with obesity, cancer, arthritis, heart disease and the like”?

El Duderino

They do, but to a significantly lesser extent. Let’s face it…blue collar workers don’t live as long. It’s a tough life and not something anyone is envious of.

RichardD

The difference is negligible in the US. There are plenty of examples of health and longevity in all social classes here. Maybe in other places where miscreants like you dominate in control positions there’s greater abuse.

El Duderino

That’s not what the medical data shows. In fact, the difference is especially pronounced here in the U.S.

RichardD

Really, do you have trouble understanding blue collar math also? This data shows a 3 year difference in life expectancy, so what ever the health difference is it’s less than 5%. I’d put that in the negligible category.

“By age 65, 19% of white-collar workers with arthritis remain in the workforce compared with 22% of blue-collar workers. But employed blue-collar workers have more severe disease than employed white-collar workers, and look forward to fewer years of healthy life — approximately 11 for blue-collar workers and 14 for white-collar workers.”

– Blue collar workers work longer and in worse health than their white collar bosses, study finds –

https://www.sciencedaily.com/releases/2011/07/110721163029.htm

El Duderino

That’s just one source, and it supports what I said.

The point here is that aging is worse for blue-collar workers than for white-collar ones. Sure, the difference in life span may only be three years (on average), but there are a plethora of other studies which show how old age is more painful for the working classes.

Start by looking at the following: https://pubmed.ncbi.nlm.nih.gov/1992675/

RichardD

Less than 5% is a rounding error. And the blue collar worker control group includes minimum wage workers who have the most health problems that the white collar worker control group has few of. That skews the statistics for the demographics above minimum wage where most of the workforce is.

I don’t see anything on the page that you linked to that changes that. I provided a link that proves my point at the page linked to. You failed to.

El Duderino

You can hairsplit all you like, but it won’t change the overall point which is that white-collar workers live healthier lives and don’t have to breathe industrial contaminants or risk losing a finger.

RichardD

If it’s hairsplitting then you’re proving my point that the difference is negligible and are exaggerating the difference to stoke your arrogance and feed your ego.

Jesus

What is more natural? working a physical job or doing workouts at a gym? I bet people like you are rather inept outside of their profession, and reliant on others to do things around the house you are too lazy or inept or “too good” to do them yourself.

El Duderino

Working a physical job takes its toll. At old Richard’s age, I won’t have to worry about cancer, arthritis, or a bad back.

Just Me

Friggin salesman shyster.

Jesus

If trucks stopped running for two weeks or longer, you would be useless to society and on the verge of starvation……if you live in US.

El Duderino

I do live in the U.S. I recognize the importance of truck drivers, but that doesn’t change the fact that the market doesn’t value them.

Tommy Jensen

Its the value as human being that counts and not the value of the market.
It means you mentally live in a matrix world far from a connection to nature and God’s physical creation.
At least truck drivers see and meet a lot of people, are in close relation with nature, can pick up a girl now and then, and have a man’s job.
I think someone would say your job is a boring sissy job.
“You are the joke of the neighbourhood. But why should you care if you are feeling good :-)”. https://www.youtube.com/watch?v=LPRrHyXchEY

ke4ram

You would starve to death without truck drivers. A little more respect for your fellow man.

Boy this machine has slowed. I can type faster than whoever is monitoring.

El Duderino

And they would starve to death without having a large customer base, so it goes both ways.

RichardD

“A Tacoma police officer whose SUV was surrounded by a crowd was seen on camera running over a pedestrian Saturday night.

The incident was captured on camera and distributed on social media.

Afterward, an angry group of protesters gathered near where the accident happened.

Tacoma police said dispatchers started receiving calls about 6:20 p.m. about cars and people blocking the intersection of South Ninth and Pacific Avenue.”

– Pedestrian run over by Tacoma officer surrounded by crowd; incident caught on camera –

https://www.kiro7.com/news/local/pedestrian-run-over-by-tacoma-police-officer-surrounded-by-crowd/L5RO4UWXYNEKVOCEC2PP3XBOWA/

ke4ram

I have little sympathy for anyone that gets in the way of traffic on purpose.

cechas vodobenikov

biden is expected in an empire near collapse—Johan Galtung predicts collapse in less than 10 years
time for popcorn

ke4ram

” But COVID-19 continued to rage, and various public health bodies including the World Health Organization revised their initially cautious approach. “

This doctor should read CDCs information as it’s never been isolated to a single virus that is the cause of this alleged disease. So it therefore does not exist.

The PCR test was never designed to diagnose any virus,,, per the Nobel laureate inventor. The test does NOT look for any individual virus. The test cannot determine if a virus is replicating. It is a scam when used in this manner.

Since the PCR is a scam then the cases are a scam. You cannot have a virus replicating without symptoms. Even WHO and CDC admit 80-90% of ‘cases’ are likely false positives.

The death tolls have been scammed so much we will never know who died and from what.

The mislabeled vaccine does not prevent any disease nor does it prevent any transmission of any disease. What it does exactly besides sickening and killing people is a mystery.

Any doctor worth his salt knows a mask will not prevent any virus inhaling or exhaling. The mask in surgery is to keep spit from drooling into a wound.

This entire fiasco is a Global Warming exercise. Notice more and more are talking GW. Gates and his cult believers have intentions to spray sulfur in our skies to shade the sun causing a forever winter to kill crops and animals in their insane game to eliminate CO2. This will bring mass starvation of both humans and animals.

The US and West are no longer nations by the rule of law,,, rather by the rule of rules and guidelines from the hysterical medical community and by decree of Presidents, Prime Ministers all the way down to moronic mayors and council folks. And most law enforcement thugs seems to have no problem enforcing all the unlawful dictates.

I highly suggest taking more interest in what is happening. It may be beneficial to you and your loved ones.

whatsmolly

That’s awkward because half of the conspiracy is that the pcr is too accurate and incorrectly identifies covid in non infected patients. Though from my experience there have been countless patients with all the tell tale symptoms but who test negative with the pcr test again and again and again or test positive on the 3rd or 4th test. The antigen test is also above 90% accurate in excluding a positive, and iv tested people as positive even in asymptomatic and presymptomatic patients with the abbot antigen test. The pcr is entirely capable of identifying different viruses and not only that but also variants of the same virus. You honestly believe your dumb ass can interpret the cdc guidelines correctly but the entirety of the medical community is just below you and isn’t capable of doing the same even though everything they do is based on cdc guidelines and any medical facility that does not follow the cdc guidelines will be fined or even shut down? You don’t need to be expert to realize masks do help. The bigger crime on the US was the surgeon General going on national news and telling people that masks are not necessarily because the US was so ill prepared they were scared the public would make it difficult to stock masks for Healthcare personnel. While the cdc mandated all Healthcare facilities to wear masks indoors, doesn’t take a genius to figure out the contraction. Then they changed it to wear a mask, then wear a medical mask and now finally they are admitting an n95 is the best option. China mandated each citizen to wear a surgical mask and change it every 4 hours back in December. There are hundreds of thousands of Healthcare workers who successfully used an n95 to work with covid patients and avoid infection. The absolute saddest thing is that this is a such a mediocre and simple request to wear a mask but you somehow equate it to a struggle for your freedom. Oh and here’s a paragraph about hiv: Asymptomatic HIV infection is the second stage of HIV/AIDS. During this stage, there are no symptoms of HIV infection. This stage is also called chronic HIV infection or clinical latency. During this stage, the virus keeps multiplying in the body and the immune system slowly weakens, but the person has no symptoms. Yes no virus can replicate without symptoms don’t worry a YouTube video I watched told me so.

Tommy Jensen

The Penis of Tribalism. Excuse me, here should have been the perils.

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