To Be or Not To Be Vaccinate: Can the State Force Us to Take the Jab?

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Ben Franklin once said, “A republic, if you can keep it.” While 1618 academic malcontents will likely ascribe this to systemic racism of the time, the concept remains valid. Citizens have a duty to maintain the republic, not simply hope that others will do so for us. When the government asked us to give up rights for the “common good” in 2020, we grudgingly agreed. These acts were for the common good. However, once a government finds out it can use emergency declarations to subjugate the rights of the people, they will always find an emergency.

According to most states, the COVID crisis is over. The artificially inflated number of 70% of the population having the disease or getting the jab has (or nearly has) been reached. Huzzah. The government feels safe letting people go to crowded sports stadiums, governors sit in crowded restaurants, and the supplemental assistance for those whose jobs were eliminated by the government is ending. The aid to the people is being removed, so the government is acknowledging that we have moved beyond the crisis. Why, then, are they still abusing the emergency declarations to force people to take unwanted medical action?

Biden’s Bully Pulpit

Personally, the moment I fully decided not to get the vaccine was when Joe Biden said, “Get the vaccine or wear a mask until you do.” This was not a suggestion by America’s Village Idiot, this was a declaration that he, as President, had the ability to order Americans to do anything. Putting aside that Biden has managed to bring back the gas crisis, race riots, extremely inappropriate congressional activity (on both sides of the aisle), and has broken most of the promises he made (no action with Hunter, $2000 checks, student loan forgiveness), we need to remember that he is a president – not a king. Without a declaration of martial law or a writ of mandamus from the court, the president cannot order private citizens to do anything, anything at all. His authority is limited to the people who work for him and the military.

When Biden made the statement that we have to wear masks while other people do not, as a person who had the disease (diagnosed and tested), it was offensive. The CDC has noted that people who have had the disease have an extremely low chance of reinfection (lower than vaccinated infections or complications). The CDC study, which said that reinfection was possible, also stated that the participants who were infected were asymptomatic the first time (or had a very mild case), were all elderly and had compromised immune systems. However, the media has run with a narrative that anyone who had the disease is susceptible after 90 days. New studies have shown nearly 87% antibody retention for a period beyond 10-12 months (very few infections were prior to 12 months ago, therefore there is little data, only assumptions over 12 months). The panic mongering of “90 days then vulnerable” seems, therefore, to apply only to the elderly and those who were asymptomatic during their first infection.

Please note, the study showing reinfection was common (CDC) was of 90 residents and 45 workers at a health care community. The study showing 87% antibody retention was of 39,000+ people across the spectrum.

Et Tu, Biden?

So as we move past the bad science provided by the 4th estate, and the fact that President Biden himself has no power or right to order people to do anything (nor does any executive office without a court order – people not businesses), how are they going to force us to get the jab? The method that seems to be preferred is abuse of the business community. We have seen particular industries crippled by Democratic mismanagement of the post-crisis era. Among them: severe restrictions on dining establishments, stadiums, and ridiculous abuses of the right to contract in the cruise industry.

Biden has become the poster child for government abuses. From his choice of an Undersecretary of Health who should be standing trial for murder because of actions during the pandemic to a nominated head of the ATF who struggles to answer simple questions about firearms. Plus a press secretary who circles back more than… well, I cannot think of anything that circles more than her in history besides the moon circling the earth (although she may be beating it as the moon only circles once a day, she does it five or six times). Therefore, we have a health department that undermines health, a gun rights agency that actively attacks the rights of citizens owning firearms, and a press secretary who seems more interested in avoiding questions than answering them. Biden promised the world and delivered Carter 2.0

International Abuses

The big question on many people’s minds is, “does the government have the right to force me to get the jab?” The answer is no, not under any circumstances. In 1949, the United States signed Geneva 4, which was ratified. This document states that no person who is a citizen of any country signed can be forced to take any unwanted or experimental treatment. Since for many people the COVID vaccine is unwanted and experimental, no one can be forced to take it.

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As the Biden regime is loosely affiliated with the law, they have, of course, attempted to circumvent constitutional law. In cases such as the cruise industry, where they are saying “follow our rules or else…” they have violated the law. The federal government may not use states or businesses to “do their dirty work.” Since 2018, the Supreme Court has stated that this abuse of power is simply a straw man method for doing what is otherwise illegal.

Further, companies are bound by the ADA, which protects employees from medical discrimination, and GINA, which protects people from genetic discrimination (RNA is a genetic change). This means that the CDC’s requirements for boats sailing in United States waters are a civil rights violation against every employee of those cruise lines and every customer who has booked or is currently booking a cruise.


So the answer to the title question is, no, the government cannot legally force you to get an unwanted medical procedure. Nor can they force you to wear masks or force companies to force you to wear masks. The Supreme Court has been very clear on this. However, companies can force you to wear masks if they do it on their own; it is their right to decide what safety items you must wear in their facility. If they have a mask policy, they may ask you to leave if you do not wear one.

If you are discriminated against because of your vaccination status, either by the government or by a company, please contact an attorney for assistance. This is a very complicated area of the law and you should have counsel to navigate it. This article is just pointing out the law, not giving legal advice. Please seek out the help of a legal professional if you have any questions, specifically related to your civil rights against discrimination.

Christopher W Smithmyer
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