This guy is insane and talks out of his ass. It is now unlawful and unconstitutional. Once again, Biden is acting way outside of the authority granted him. Since Roe v. Wade was ruled as a State issue, it means it is no longer lawful for the federal government to enforce abortion. This belongs to the States.
In other words, the federal government has no standing in this matter. Congress can't even pass a federal law for abortion because it would be unconstitutional. The ruling for Roe v. Wade belongs to the States, not the federal government.
Most people -- including most lawyers and judges -- do not understand state vs. federal jurisdiction.
There are actually 3 jurisdictions, and they do NOT "overlap:"
(1) States -- jurisdiction over all activities within the geographic boundries of the state, except for the enumerated federal powers listed in the Constitution.
(2) Federal subject matter -- jurisdiction of those subjects enumerated in the Constitution (bankruptcy, immigration, etc.) in Article I and any amendment, and this jurisdiction can extend to within state boundries.
(3) Federal exclusive jurisdiction -- jurisdiction within the federal territories (Washington DC, Puerto Rico, US Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and a few small islands in the Pacific) ... AND ... what are referred to as "federal enclaves." The enclaves are the geographic territory within the states, such as military bases, that were either (a) given from the State to the feds via an act of the State's legislature, or (b) were withheld as federal territory when a territory became a State (which is why 90% of land in Nevada is federal).
Under federal exclusive jurisdiction, the territorial areas can pass any law, just like a State can, as long it does not violate the Constitution. This is why Washington, DC. has municipal laws.
The deception they use is to pretend that federal exclusive jurisdiction applies to all areas of a State, when it does not.
This is why the income tax is constitutional as written, but enforced in an unconstitutional manner in many cases.
This is why the CDC had no authority to legally pass any regulation for face masks or other nonsense, so they instead issued a "guideline," and then coerced State health employees via threat and money to go along with the "guideline," and those employees then coerced local hospital administrators in the same way, who then issued demands of doctors and nurses -- all the while, no attorney had any balls to challenge any of it, because they, too, are clueless. Law schools are indoctrination centers, just as much as medical schools are.
But when I researched the CDC "guideline," I found what I expected to find -- their citation for their "legal authority" came from a statute that did give the federal government authority related to bringing animals and foods into the country (foreign commerce), but nothing at all to do with face masks of the citizenry. They claimed an authority that did exist for "X" was somehow an authority to do "Z."
This is the con they have pulled for decades, in their attempt to subvert the constitutional limitations.
VA hospitals, if they are NOT sitting on federal jurisdictional territory (if on an Army base, they might be, but most likely anywhere else not the case), then the activities that go on inside that hospital are under STATE jurisdiction ONLY. The only federal issue would be how they apply federal regulations to carrying out their federal functions. Abortion is not under federal jurisdiction, other than in the federal territories and enclaves.
Congress COULD pass a pro-abortion law (or, for that matter, an anti-abortion law), but it would apply ONLY to the federal territories and enclaves, since it is not an enumerated power within the Constitution. This is basically what the Dobbs decision said: Not that it is a State power, but simply that there is no constitutional enumeration related to abortion, and therefore, Roe v. Wade -- which claimed a 14th Amendment constitutional right -- was an invalid decision, and will no longer be considered in any court room.
MAG, that's a well constructed explanation. And I am very familiar regarding federal territories and enclaves and federal jurisdiction. You said -- "....there is no constitutional enumeration related to abortion, and therefore, Roe v. Wade -- which claimed a 14th Amendment constitutional right -- was an invalid decision, and will no longer be considered in any court room."
This means whatever is not enumerated in the U.S. Constitution is left for the States to decide. This is all I meant.
Joe Biden does not have the authority to order abortion at VA hospitals regardless if it is on federal land or not. This is an abuse of authority. My understanding is this already violates a Congressional law for the VA.
This means whatever is not enumerated in the U.S. Constitution is left for the States to decide. This is all I meant.
Yes, but ... I was pointing out that "exclusive federal jurisidiction" is THE AVENUE they use to try to get around the Constitution.
They DO have exclusive jurisdiction (can make all laws) for federal territories and enclaves ONLY ... but they then pretend that it applies to the 50 States, as well.
That's my point: THIS is the method they use to usurp power.
Joe Biden does not have the authority to order abortion at VA hospitals regardless if it is on federal land or not.
Of course, Biden is a resident, not a president, but even if he were legit, executive orders apply ONLY to employees of the Executive Branch of the federal government and NOBODY ELSE. Could he issue a pro-abortion EO for the VA?
Congress makes the federal laws, not the resident/president. So, it would depend on what those statutes say. He couldn't just make up something that Congress had not approved. We agree on that.
This guy is insane and talks out of his ass. It is now unlawful and unconstitutional. Once again, Biden is acting way outside of the authority granted him. Since Roe v. Wade was ruled as a State issue, it means it is no longer lawful for the federal government to enforce abortion. This belongs to the States.
In other words, the federal government has no standing in this matter. Congress can't even pass a federal law for abortion because it would be unconstitutional. The ruling for Roe v. Wade belongs to the States, not the federal government.
Not exactly correct.
Most people -- including most lawyers and judges -- do not understand state vs. federal jurisdiction.
There are actually 3 jurisdictions, and they do NOT "overlap:"
(1) States -- jurisdiction over all activities within the geographic boundries of the state, except for the enumerated federal powers listed in the Constitution.
(2) Federal subject matter -- jurisdiction of those subjects enumerated in the Constitution (bankruptcy, immigration, etc.) in Article I and any amendment, and this jurisdiction can extend to within state boundries.
(3) Federal exclusive jurisdiction -- jurisdiction within the federal territories (Washington DC, Puerto Rico, US Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and a few small islands in the Pacific) ... AND ... what are referred to as "federal enclaves." The enclaves are the geographic territory within the states, such as military bases, that were either (a) given from the State to the feds via an act of the State's legislature, or (b) were withheld as federal territory when a territory became a State (which is why 90% of land in Nevada is federal).
Under federal exclusive jurisdiction, the territorial areas can pass any law, just like a State can, as long it does not violate the Constitution. This is why Washington, DC. has municipal laws.
The deception they use is to pretend that federal exclusive jurisdiction applies to all areas of a State, when it does not.
This is why the income tax is constitutional as written, but enforced in an unconstitutional manner in many cases.
This is why the CDC had no authority to legally pass any regulation for face masks or other nonsense, so they instead issued a "guideline," and then coerced State health employees via threat and money to go along with the "guideline," and those employees then coerced local hospital administrators in the same way, who then issued demands of doctors and nurses -- all the while, no attorney had any balls to challenge any of it, because they, too, are clueless. Law schools are indoctrination centers, just as much as medical schools are.
But when I researched the CDC "guideline," I found what I expected to find -- their citation for their "legal authority" came from a statute that did give the federal government authority related to bringing animals and foods into the country (foreign commerce), but nothing at all to do with face masks of the citizenry. They claimed an authority that did exist for "X" was somehow an authority to do "Z."
This is the con they have pulled for decades, in their attempt to subvert the constitutional limitations.
VA hospitals, if they are NOT sitting on federal jurisdictional territory (if on an Army base, they might be, but most likely anywhere else not the case), then the activities that go on inside that hospital are under STATE jurisdiction ONLY. The only federal issue would be how they apply federal regulations to carrying out their federal functions. Abortion is not under federal jurisdiction, other than in the federal territories and enclaves.
Congress COULD pass a pro-abortion law (or, for that matter, an anti-abortion law), but it would apply ONLY to the federal territories and enclaves, since it is not an enumerated power within the Constitution. This is basically what the Dobbs decision said: Not that it is a State power, but simply that there is no constitutional enumeration related to abortion, and therefore, Roe v. Wade -- which claimed a 14th Amendment constitutional right -- was an invalid decision, and will no longer be considered in any court room.
even if it is leased / rented the feds consider it federal property / land / jurisdiction.
doesn't mean it is right, but they do.
they are particularly fond of 99 year leases that they self renew.
Only when attorneys do not bring up this issue, which is most of the time.
MAG, that's a well constructed explanation. And I am very familiar regarding federal territories and enclaves and federal jurisdiction. You said -- "....there is no constitutional enumeration related to abortion, and therefore, Roe v. Wade -- which claimed a 14th Amendment constitutional right -- was an invalid decision, and will no longer be considered in any court room."
This means whatever is not enumerated in the U.S. Constitution is left for the States to decide. This is all I meant.
Joe Biden does not have the authority to order abortion at VA hospitals regardless if it is on federal land or not. This is an abuse of authority. My understanding is this already violates a Congressional law for the VA.
Yes, but ... I was pointing out that "exclusive federal jurisidiction" is THE AVENUE they use to try to get around the Constitution.
They DO have exclusive jurisdiction (can make all laws) for federal territories and enclaves ONLY ... but they then pretend that it applies to the 50 States, as well.
That's my point: THIS is the method they use to usurp power.
Of course, Biden is a resident, not a president, but even if he were legit, executive orders apply ONLY to employees of the Executive Branch of the federal government and NOBODY ELSE. Could he issue a pro-abortion EO for the VA?
Congress makes the federal laws, not the resident/president. So, it would depend on what those statutes say. He couldn't just make up something that Congress had not approved. We agree on that.
Very true. And the abuse of the Commerce Clause is a favorite tool. I think it was Clarence Thomas who rightfully said it needs to be reigned in.