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DavoutNey 1 point ago +2 / -1

Art 6, section 1, clause 2. The supremacy clause. Federal preemption is composed of express or implied preemption. The latter of which can be broken down into cover the field preemption, conflict preemption, and obstacle preemption. Don't understand any of that? That's because you likely haven't read any of the jurisprudence.

As Q researchers, we should actually know what we are talking about before making shitty memes. Federal law DOES preempt state law. But of course, it can be complicated. So the idea of a "but muh 10th amendment" as some kind of trump card is so nonsensical.

Stop pretending to be lawyers, please.

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DavoutNey 1 point ago +1 / -0

Well, she was probably referring to PROCEDURAL due process rights in regard to being let go from her position. Lots of professors are in this same position. As state employees (as tenured professors from state universities are), they usually can only be fired "for cause" which is actions considered malicious or fraudulent. If let go for another reason, they have a procedural due process right to notice of the termination and a hearing.

This is unlike most employees of any sort who can be fired "at will".

There is a difference between procedural due process and substantive due process. Substantive due process comes partly from the 9th amendment, which states that just because a right isn't specifically enumerated in the constitution, does not mean the right does not exist. This is where we get the "right" of privacy, for example. This is also the source of where we have the "right" not to be an experimental pincushion for big pharma.

So yes, we all do have due process rights. But attorneys in her position also have procedural due process rights in relation to her job.

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DavoutNey 1 point ago +1 / -0

Sorry to hear that. Very tough situation.

If it helps, my dad is also based. He took the vaccine as well several months ago, and he is healthy as a horse. It's not always going to have bad side effects.

Best of luck.

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DavoutNey 1 point ago +1 / -0

Tennessee is great that's my home

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DavoutNey 3 points ago +3 / -0

Very curious if a victim of this type of legislation can bring a due process claim. Being deprived of life, liberty, or PROPERTY without due process of law (i.e., a hearing) I would think is triggered here.

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DavoutNey 7 points ago +7 / -0

I normally wear a mask just because I don't like confrontation, but I needed coffee this morning and walked into the local market. Shopped and stood in line no problem. Took 10 min or so. But when my card is in the chip reader, seconds away from walking out, the cashier makes a huge deal. "SIR WE REQUIRE MASKS IN HERE WHERE IS YOURS". "Forgot it." Hands me a mask, I put it around one ear but don't put it on. Throw it on the ground after I take my bag.

Won't be going back there.

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DavoutNey 1 point ago +1 / -0

I see people reference "devolution" but I have no idea what that is. Anyone got a link?

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DavoutNey 2 points ago +2 / -0

It's not that easy. I'm halfway through the semester in law school. It's not like I can just quit like a job (though that isn't easy too if you have a family). I've dumped 10's of thousands of dollars into this and there is no way to transfer mid semester without massive monetary and academic repurcussions. Can't just say "no". I need an exemption

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DavoutNey 2 points ago +2 / -0

I hate asking people to go out of their way to help me, but honestly that would be super useful. If you are up for it, please do but no rush at all. Thank you.

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DavoutNey 2 points ago +2 / -0

Thanks for your concern, but I'm actually in law school. I sent an email to the president of the university yesterday asking several questions about it. The biggest thing is that they repeatedly said in emails "As a public university, we cannot require a vaccine, that authority rests with the governor and state legislature" but lately, he says he is considering mandating it. My question was how? I relied on that language in attending this school and now they are changing course. It's not fair to me.

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DavoutNey 3 points ago +3 / -0

My school is strongly considering requiring the vaccine and I don't wanna take it. Not sure how I would get out of it or if they would kick me out for refusal. Keep me in your prayers if you can, I'd appreciate it.

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DavoutNey 1 point ago +1 / -0

What is this about 3 year animal trials? How can there be a 100% fatality rate for animals within 3 years if it's only been less than 2 years since covid surfaced?

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DavoutNey 2 points ago +2 / -0

Kanye's great. Besides that stain of interrupting Taylor at the VMA's, he's been so on point. Great artist too.

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DavoutNey 1 point ago +1 / -0

I'll probably get downvoted to hell and called a shill, all the works and I understand. But I actually did feel a bit better when it was approved and now I'm considering getting the shot. At least there's like a 30% chance I do. Does anyone have a link to something explaining the dangers of it? All I've seen is some headlines about heart problems and stuff and I don't spend a ton of time on this site. I have held off because I haven't been sick in years and I take vitamin C, zinc, vitamin D, and magnesium every day so I don't feel that worried.

Is there a summarized link about the dangers of the shot?

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DavoutNey 1 point ago +1 / -0

Ya good point

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DavoutNey 7 points ago +7 / -0

Federalism. It is not up to the federal government to dictate state decisions on lockdowns/curfews/etc. This isn't a centrally controlling government akin to France or Germany. Called anti-commandeering doctrine.

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DavoutNey 2 points ago +2 / -0

Basic constitutional law forbids this. See the spending clause. Feds cannot commandeer state/local decisions by withholding federal $$

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