Health Freedom and the Supremacy Clause of the Constitution

(This article is Part-2 in a series. For Part-3, go here. For Part-1, go here.)

Down through our history, the so-called Supremacy Clause of the Constitution has been cited and used to pile up federal power.

In a number of instances, the “need to have uniform law across all states” has been trumpeted on the basis of the Supremacy Clause.

Here is the Clause, from Article 6 of the Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

No question about it, this is a very forthright statement. The states are bound to conform to the Constitution and federal laws.

Except for one thing.

The key phrase in the Clause is: “in Pursuance thereof.”

In plain modern English, the states are bound by federal laws which “pursue” the Constitution.

—Federal laws which are made in alignment with the Constitution. Or which try to align.

But suppose they don’t? Suppose a federal law “pursues” but fails to align with the Constitution?

Does the Supremacy Clause intend the states to knuckle under to such a law, simply because Congress and the President TRIED to make it align with the Constitution?

But failed?

Of course not. Only an idiot would defend that position.

So let’s take an example.

The Public Readiness and Emergency Preparedness Act, or PREP Act, of 2005. A federal law. It basically empowered the Executive Branch to declare national States of Health Emergency AND make anyone connected to the “countermeasures” (vaccines, drugs, etc.) immune from legal liability.

People take the COVID shot and die? Too bad. No one can be sued. Not the vaccine maker, not the person who gave the shot. Not the advisors to the President who told him he had to MANDATE the vaccine.

Well, the Prep Act is a federal law. Federal law reigns supreme across all states. The states must obey it.

By virtue of the Supremacy Clause.

Unless…

The Prep Act is a federal pile of crap that doesn’t align with the US Constitution.

And what do you know?