"We got to remember this: Biden's executive order has no bearing on any individual," he says during "Brighteon Conversations" with the Health Ranger Mike Adams. "Let me say that one more time. The executive order has no bearing on any individual because an executive order by law can only be a directive to a federal agency it can never be a directive to a person."
Martin suggest that the Biden administration is trying to exploit the way the commerce clause was set up and the way the entire structure of the country was set up.
"We're actually trying to see how much of the thuggery that the establishment wants to do can be done by the henchmen called employers, called healthcare workers, called public health officers," Martin says.
The Biden administration is trying to see whether it can willfully do illegal acts under the guise of legality.
Martin points out that no law allows any federal agency to use any one of the current injections.
"The reason is because under the law that allows for compulsory vaccinations or compulsory medicine, you need to have an approved institutional review board covering safety data and animal studies," Martin explains. "None of these clinical trials had any safety data so there is no legal institutional review board."
That makes Biden's vaccine mandates illegal, too.
In September, Biden unveiled his Wuhan coronavirus (COVID-19) action plan – a six-pronged, comprehensive national strategy to combat the pandemic. The most controversial provision mandates that all employers with 100 or more employees must ensure that each worker is either fully vaccinated or provides weekly negative COVID test results.
Adam Freedman notes in his "Eye on the News" column on City Journal that "such decisions properly belong to the states, not the federal government."
"Supreme Court precedents on the validity of vaccine mandates – Jacobson v. Massachusetts (1905) and Zucht v. King (1922), both involving smallpox vaccination – involve state, not federal, laws. The Court has never suggested that Congress could adopt such a mandate, and for good reason," writes Freedman.
"In our federal system, states enjoy broad 'police powers' to enact laws designed to protect the health and safety of their citizens, whereas the central government has only those powers enumerated in the Constitution. The Tenth Amendment further guarantees that states retain the powers not specifically delegated to the federal government."
He adds that Biden's order would fail to pass constitutional gathering because Congress has not enacted such a mandate. (Related: Republicans vow to sue Biden over COVID-19 vaccine mandate.)
"Article II of the Constitution [only] empowers the president to ensure that the laws passed by Congress 'be faithfully executed.' It does not allow the president to invent new laws. Time and again, the Supreme Court has held that there must be clear authorization from Congress for powers of 'vast economic and political significance,'" writes Freedman.
Biden's plan relies on the 1970 Occupational Safety and Health Act, which grants the Occupational Safety and Health Administration (OSHA) the power to issue "emergency test standards" (ETS) to protect workers against "grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards."
But Freedman points out that "the law's reference to 'substances or agents' strongly suggests that the ETS power is meant to target workplace hazards like dangerous chemicals, not naturally occurring hazards like viruses."
Polarizing issues like the vaccine mandates show the true colors of the mainstream media.
When Donald Trump declared in April 2020 that the president possesses "total authority" over COVID-19 restrictions, the mainstream media was quick to criticize him.
An NPR fact check at the time featured criticism of Trump by various legal scholars – including Cornell Law School's Kathleen Bergin, who observed that COVID-19 measures such as social distancing or the decision to open schools or businesses are "matters for states to decide under their power to promote public health and welfare, a power guaranteed by the 10th Amendment to the Constitution."
CNN also did a fact check, noting that "there is no legislation that explicitly gives the president the power to override states' public health measures."
But now, NPR and CNN are touting a draconian COVID-19 measure imposed by the current president.
"In the quest to get more Americans vaccinated, one thing is becoming increasingly clear: Vaccine mandates work," an NPR story says. Chris Cillizza, CNN's editor-at-large, makes it perfectly clear that he supports the vaccine mandate with an analysis titled: "Why Joe Biden should go all-in on vaccine mandates."
Freedman writes: "The courts, one hopes, will scrutinize the Biden plan more carefully than the media. If constitutional principles are properly applied, the vaccine mandate will be quickly struck down."
But the courts need to act fast. Many big companies have already announced that they will follow Biden's order.
On Tuesday, Oct. 12, Texas-based companies American Airlines and Southwest Airlines say that they will implement their vaccine requirements – defying Gov. Greg Abbott's new vaccine mandate ban in the process. The Texas governor on Monday, Oct. 11, issued an executive order barring all COVID-19 vaccine mandates in the state.
White House Press Secretary Jen Psaki calls Abbott's vaccine mandate ban "politics," adding that it goes against available public health data. She says that federal law overrides state law.
American Airlines agrees, saying in a statement that it believes "the federal vaccine mandate supersedes any conflicting state laws."
In a statement, Southwest Airlines says it will follow the Biden administration's rule "to remain compliant as a federal contractor." But Southwest CEO Gary Kelly tells CNBC that he is opposed to COVID-19 vaccine mandates.
"I've never been in favor of corporations imposing that kind of a mandate," Kelly says. "But the executive order from President Biden mandates that all federal employees and then all federal contractors, which cover all the major airlines, have to have a [vaccine] mandate." (Related: Pilot union warns of mass resignations if airlines enforce vax mandate.)
It doesn't make him less guilty of a crime.
"The CEOs of those airlines are violating the law. And I want to just make it abundantly clear: You cannot compel participation in a clinical trial under any circumstance. It is illegal to do that," Martin tells Adams. "It's a violation of the law and every airline CEO who has done that has violated federal law. They are participating in what is effectively domestic terrorism."
Watch the full episode of "Brighteon Conversations" with host Mike Adams and guest Dr. David Martin in the video below:
Follow Immunization.news for more news and information related to vaccine mandates and coronavirus vaccines.