REAFFIRMATION OF STATES' RIGHTS (Republican Party Platform)
We oppose congressional, judicial, and executive abrogation of the principle that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. We oppose unreasonable and intrusive federal mandates.
Are Mandatory Vaccines Constitutional?
The politicization by the left of the Coronavirus is seriously encumbering our inalienable rights protected by the Constitution. As ratified, our Constitution does not permit the government to infringe upon these inalienable rights, no matter the emergency or pandemic. These rights are granted by God, not by government so they cannot be infringed. State or Local law enforcement are not the personal militias of the Governor or any other elected official. Many police and law enforcement officials, as well as judges, care providers in public health facilities, and others acting as public officials have over-stepped these constitutional boundaries to combat the Coronavirus. It must stop. The electorate must be reminded that the rule of law stands, and no one is above the law...
We the people, established our government and ratified our Constitution to limit our government. Some of these limitations are written into the Constitution itself but most, especially those that pertain to personal freedoms are found in the Bill of Rights -- the first 10 amendments.
These amendments were ratified to restrain the federal government from infringing upon our personal liberties. Since the enactment of the 14th Amendment in 1868, and subsequent litigation, these amendments, for the most part, restrain the states as well. The courts have characterized these protected liberties as fundamental.
“So, the rights to thought, speech, press, assembly, worship, self-defense, privacy, travel, property ownership, interstate commercial activities and fair treatment from government are plainly articulated or rationally inferred in the first eight amendments. The Ninth is a catchall, which declares that the enumeration of rights in the first eight shall not mean that there are no other rights that are fundamental, and the government shall not disparage those other rights. The Tenth reflects that the states have reserved powers to themselves.”
The Ninth was especially important to its author, James Madison, because of his view that natural rights –- known today as fundamental rights –- are integral to each person, and they are too numerous to list. Natural rights collectively constitute the moral ability and sovereign authority of every human being to make personal choices -- free from government interference or government permission. With these personal choices comes personal responsibility to protect the rights of others while exercising our own.
“Thomas Jefferson wrote in the Declaration of Independence that government derives all its powers from the consent of the governed. And Madison understood the Ninth Amendment to declare that our personal choices are insulated from government interference so long as their exercise does not impair another’s rights.”
From this, it follows that if governments interfere with our personal choices -- and we have not consented to their power to interfere -- the interference is invalid, unlawful and, because our personal choices are essentially protected from governmental interference by the Bill of Rights, unconstitutional.