All About Laws and Mandates:
“I know no safe depositary of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” - Thomas Jefferson
- God created man
- Man created the governments
- Governments created the Constitution
- Governments created elected officials such as legislatures, justices, and hired peace officers
- Elected officials make the laws through a well-defined process
- All laws are subject to the scrutiny of the Constitution
- Everything in law is a contract and you can choose to accept the contract or not.
- Sometimes the contract is a social contract whereby you agree to certain things just by being a citizen i.e., you agree not to steal or murder.
The Constitution is the basis for our form of government
Elected officials take an oath to uphold the Constitution. They are required NOT to trample upon our rights. Our rights are enumerated in the “Bill of Rights” which is the first ten amendments to the Constitution. It is important to note that neither the Constitution itself nor the Bill of Rights give us our freedoms. Instead, all freedoms are granted by God, the Bill of Rights acts only to enumerate those rights.
Here are a few important enumerated rights to be aware of:
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In the United States of America laws come through legislative action. For a law to be enacted by congress, it must be sponsored in either the House of Representatives or the Senate, voted upon, then passed to the other side (i.e., if it started in the House and passes the vote, it then moves to the Senate to be debated and voted upon), and if it passes both, it then moves to the President for signing.
Congress Gets Its Rights to Make Laws from The Constitution
Several Types of Laws in the USA
There are several types of laws in the United States of America:
Federal laws are rules that apply throughout the United States. These laws apply in every state, such as:
There are 50 states and several commonwealths and territories within the United States. Each has its own system of laws and courts that handle:
There are different counties, cities, municipalities, towns, townships and villages in each state, commonwealth or territory. Some of them have their own system of laws and courts that handle:
The process of law making at the State and Local level is basically the same as it is at the Federal level within most states and territories of the USA.
A judicial command or precept issued by a court or magistrates, directing the proper officer to enforce a judgment, sentence or decree. Mandatum or commission, contracts. Some define a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them.
From the very term of the definition, three things are necessary to create a mandate. First, that there should exist something which should be the matter of the contract; secondly, that it should be done gratuitously; and thirdly, that the parties. should voluntarily intend to enter the contract.There is no form or manner of entering the contract of mandate, prescribed either by the common law or by the civil law, in order to give it validity. It may be verbal or in writing; it may be express or implied it may be in a solemn form or in any other manner the contract may be varied at the pleasure of the parties. It may be absolute or conditional, general or special, temporary or permanent.
Simply put, a mandate is a contract and is entered into voluntarily. Therefore, a Governor’s mandate does not have the force of law in most instances as most people have not voluntarily agreed to be bound by the terms of the “contract” nor was not created through the legislative process.
What is POLICY?
The general principles by which a government is guided in its management of public affairs, or the legislature in its measures. This term, as applied to a law, ordinance, or rule of law, denotes its general purpose or tendency considered as directed to the POLICY
Law vs Policy
Laws and policies are very needed in our society as they help in maintaining law and order in the society and help in shaping political and social aspects of the society. Though policies and laws can be interrelated, they are two terms having different purposes. No nation can go forward without having certain laws and policies.
A policy is that which outlines what a government is going to do and what it can achieve for the society as a whole. “Policy” also means what a government does not intend to do. It also evolves the principles that are needed for achieving the goal. Policies are only documents and not law, but these policies can lead to new laws.
Laws are set standards, principles, and procedures that must be followed in society. Law is mainly made for implementing justice in the society. There are various types of laws framed like criminal laws, civil laws, and international laws. While a law is framed for bringing justice to the society, a policy is framed for achieving certain goals.
Laws are for the people, and policies are made in the name of the people. Policies can be called a set of rules that guide any government or any organization. Laws are administered through the courts. Laws are enforceable in which the policies comply.
A law is more formal as it is a system of rules and guidelines that are derived for the welfare and equity in society. A policy is just informal as it is just a statement or a document of what is intended to be done in the future.
1.Policies outline what a government is going to do and what it can achieve for society. Policies also mean what a government does not intend to do.
2.Policies are only documents and not law, but these policies can lead to new laws.
3.Laws are set standards, principles, and procedures that must be followed in society. Laws are mainly made for implementing justice in society.
4. While laws are framed for bringing justice to the society, a policy is framed for achieving certain goals.
5. Laws are administered through the courts. Laws are enforceable in which the policies comply.
6. A law is more formal as it is a system of rules and guidelines that are derived for the welfare and equity in society. A policy is just informal as it is just a statement or a document of what is intended to be done in the future.
What is an Executive Order?
An executive order is a means of issuing federal directives in the United States, used by the President of the United States, that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use his or her discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power.
What is the difference between an executive order and a law?
Executive orders are carried out by the president and only the president, and no Congressional oversight is required. Orders can only give direction to the federal agencies contained under the executive branch, like the CDC, EPA or the Department of Transportation.
· Allan Lichtman, Distinguished Professor of History at American University
· John Fortier, resident scholar at the American Enterprise Institute
· American Bar Association, "What Is An Executive Order?"
· Heritage Foundation, "Heritage Explains Executive Orders"
Executive orders are not legislation. The President has the sole power to direct his or her executive branch as they please, and an executive order is just one of the tools in the toolbox. It also happens to be one of the most formal, which is why we hear about them the most.
Executive orders cannot be used to subject private citizens to specific rules and restrictions, nor can they be used to pass a budget or abolish an act of Congress.
"All executive orders apply to the actions of the executive branch of government," Allan Lichtman explains. "They cannot overtake the prerogatives of Congress."
"The executive order is the president saying, 'this is the way we want to do it in this area, and you should be following this,'" John Fortier says. "It arguably is more specific, and also has greater force for those people in the departments that they should follow it rather than just taking it into consideration."
America is not a kingdom but rather a system of limited government where rule of law, meaning, the Constitution, guides — not mob mentality, or worse, fear — and public servants are just that: beholden to the citizenry.
Executive orders bypass that system. They are not duly passed laws by elected representatives of the people. They are not pieces of legislation that are openly debated and discussed and voted upon in ways that keep the elected accountable to the people.
They do not give the voter the chance to express yay or nay; they do not allow the people to hold the ultimate power.
Truly, really, if viewed through the lens of Founding Father intents with the Constitution, they hold little legal weight — in fact, they are outright blots to this system of limited government America is supposed to represent.
And guess what: Nobody knows that better than the very government sources issuing these orders. The whole executive order system relies on a complicit and cowed citizenry being too blown over by government to question, challenge or fight.
Are You Required to Follow an Unconstitutional Law?
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
— Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)
No President, Governor, Mayor, County Official, or Government Department (i.e., FDA, NIH, etc.) can make a law by themselves. All laws must go through the legislative process. Executive Orders only apply to the government themselves. An unconstitutional law does not need to be obeyed. All laws are essentially contracts and if the contract was not brought about by the legislative process or is unconstitutional no one is bound to follow it. Period.
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1. Refuse to comply with unconstitutional mask wearing, social distancing, and vaccines.
2. Educate others especially managers and owners of retail establishments. https://www.thehealthyamerican.org/documents
3. Refuse to do business with anyone that infringes on your rights. In most instances you have options. Patronize restaurants, stores, markets, doctor’s offices that are reasonable and mature enough to follow the law … not fake mandates or departmental policy. You vote with your dollars. Your dollars mean something. If enough people refuse to comply it will hurt businesses where it counts the most and they will change their policies.
4. Do not assume signs that say “required” mean that someone will kick you out for not wearing a mask. What is the worst that could happen … they ask you to put a mask on or possibly refuse to do business with you?
5. Write honest reviews and let others know how you were treated. A good review will help the business attract other like-minded people. A negative review will be a warning for others not to spend their money at that particular establishment.
6. Ask your doctor to evaluate your anxiety, breathing difficulties, constant cough etc. If you have a legitimate reason not to have your doctor, write you a letter giving you his/her professional opinion about not wearing a mask. It does not necessarily mean that every establishment will honor the letter and allow you to shop mask/vaccine free, but it cannot hurt.
7. If you are a Christian or a person of another faith that is prohibited due to spiritual reasons, create a card stating your faith and the Biblical principles (or others) that prevent you from wearing a mask or taking a vaccine. Again, do not expect it to work everywhere but it cannot hurt. Here is a pastor who is helping Christians with a letter: https://www.thehealthyamerican.org/religious-liberty
8. Network with other like-minded people and create your own shopping and social groups. It is far easier for a manager to turn away one individual refusing to comply than it is an entire group.
9. Shop at farmer’s markets. Many farmer’s markets are outside and the rules around mask wearing tend to be more lax.
10. Buy products online especially from local sellers.
11. Get out in nature and hike, run, or walk. It is amazing how exercise will change your attitude and perspective.
12. Above all, know THAT YOU ARE NOT ALONE. There is a reason that the media hammers Covid-19, mask wearing, and vaccines relentlessly and that is that far more people in this country are highly skeptical. Is not it interesting that Covid is so dangerous yet we have to be reminded multiple times per day that it exists, and masks, social distancing, and vaccines are so effective that we have to be constantly threatened to comply!