Since March of 2020, when President Trump signed an executive order declaring a national State of Emergency…
Regulations, policies, and laws have spilled out of nearly every government institution, in response to the perceived threat of Covid-19.
Here’s the deal, among the many institutions attempting to pass laws are the various states Departments of Health. Who, much like the CDC, are instituted to track disease, raise awareness, and propose ways to control it.
However, when these departments attempt to mandate procedures to control disease as if they are a governing body. They are subverting the system of checks and balances, and thus create baseless policies that truly have no force of law.
Why do I say this? If you can give me a moment to explain, keep reading.
The Role of the Department of Health
For over 150 years, the role of various departments of health has been to track the spread of disease, study it, and attempt to determine ways to slow its spread.
They have achieved this primarily through spreading public awareness of disease and promoting sanitation. Furthermore, the individuals running the various departments of health can propose methods that law makers can implement to slow the spread of disease.
However, in recent years, that role has started to change. And it’s happening more and more rapidly.
But first, lets look at a recent example of how suggestions by health departments are meant to incorporated into law.
The CDC’s Role in Containing Covid-19 Show how a DoH Should Operate
In early 2020, the CDC released a list of suggestions on how to reduce the spread of Covid-19. It did not mandate these suggestions as law directly. Simply because it does not have the authority.
Instead, each state decided how to implement the CDC’s suggestions in accordance to their own laws. While it may be argued that some states violated the various state Constitutions, or other laws. The CDC did its part to study an illness, and advise states on how to reduce the spread.
Whether you agree with the CDC’s advice or not, they performed their role in this action.
It is a state agency’s responsibility to advise the state’s executive or legislative bodies in order to enact a law or a policy change.
While one may argue that the laws themselves which were passed by the legislature or governors were unconstitutional. The CDC did what it was made to do. Inform the public how they could slow the spread in the form of a suggestion.
That, however, is not what some state departments of health are doing…
How State Department’s of Health are Over Stepping Their Boundaries.
There are 2 specific examples of clear overreach by state departments of health that I can point to.
One, California’s statewide vaccine mandate for gatherings of 1,000 or more people.
And two, NY’s Department of Health’s decision to remove the religious exemption, from a mandate for health care workers to get vaccinated.
Here are the proposed rules for the Vaccine Requirements for Healthcare Workers.
For simplicity sake, let’s focus on NY’s Health Department and their determination to remove a religious exemption from their mandate. And look at what the issue is with the way the policy was implemented.
NY’s Department of Health and Religious Exemptions to Vaccine Mandates
On Thursday August 26th, 2021 the Department of Health in NY determined that a vaccine mandate for health care workers should not include a religious exception.
This decision was largely based on a similar requirement for measles and mumps vaccines.
During the meeting the question was posed, and clearly answered:
“No, that is not the department’s position. We’re not constitutionally required to provide a religious exemption.”
–Vanessa Murphy, Department of Legal Affairs.
And as simple as that. The religious exemption for vaccine mandates was wiped away by an unelected counsel. Based primarily on the opinion of a single attorney.
But I must ask you, who is she to make this determination? There is no doubt that she was not elected to represent the people.
Think about it, if a department of health can simply mandate what is law, without going through law makers. They can arbitrarily pass whatever laws they see fit.
Giving a department of health the jurisdiction to regulate a hospital or nursing facility is one thing, even these types of regulations must take the proper venue. But allowing it to dictate what must go into someones body, without their consent is a bridge to far. Especially when they are given the power to decide whether or not such an action is a violation of an individuals Constitutionally protected rights.
Methods to Remedy the Issue
Before explaining further, If you or a loved one are impacted by the decision to remove religious exemptions in NY…
There are a few things you can do.
- Contact your representatives ask them to add a religious exemption to the rules
- Email them this PDF of the proposed rules,
- Find like minded friends and family to collaborate with,
- Contact NY commissions like NY Law Revision Commission and the Administrative Reviews Commission,
- Stay informed and dive into the issue,
- and stand by your convictions.
If you are serious about finding a solution, contact us, and we will be happy to help get you in touch with others.
Human Beings Are Not Statistics
One problem with institutions, such as Departments of Health, making legal decisions- is the way they see the problem.
For example, when doctors on a counsel are tasked with resolving an issue such as slowing the spread of a virus. They are very good at looking at the numbers and suggesting ways to slow the spread.
In the example of Covid-19 this would include:
- Social distancing,
- Wearing gloves and masks around others,
- Being vaccinated etc.
While these may, in theory, be an effective means to slow the spread of an illness, it is a one sided approach. And does not take into consideration any outside factors.
Worse still, when you task a department of health with implementing a vaccine mandate, and allow them to interpret and dictate law. Their primary task will be getting as many vaccinated as possible. Not whether their actions impact the rights of others, or if their actions violate the law. They are doctors, not elected officials.
Furthermore, I would assert that giving such power to a department of health is already a violation of the law, and structure of the government. And failing to identify and stop this abuse of power will lead to a new form of medical tyranny we have yet to witness.
Department of Health Councils are Not Elected
The reality is whether they are violating the law or not by making such determinations about laws that impact others. Departments of health and their councils are unelected.
A room full of unelected officials should not be able to determine whether or not a facility holding 1,000 people should require each attendee to be vaccinated. Nor should they have the power to arbitrarily drop a religious exemption from a governor’s mandate.
If anyone should make these decisions, they should only be made by elected officials. Who are directly accountable to the public they serve.
State Agencies Are Not Law Makers
Our government was formed with 3 separate branches of government for a reason. So that each could balance the other, and none of them could wield all the power.
While a state agency, such as a department of health can make suggestions. State agencies can not be allowed to determine what is, or is not, lawful. And law making should never be left to a state agency.
That power can only be granted, in a limited form, to elected officials. Who are directly accountable to the public they serve. That is the only way to maintain the consent of the governed.
