by Alan Phillips, J.D.
Vaccine Rights Legal Expert
[~2270 words; 7-10 min read]
Posted/Revised Feb 5, 2021
As pharma elite take their most aggressive steps ever, it’s more important than ever for them to keep the aware community in check—to distract us, give us a false sense of security, render us passive, scare us into silence—to do whatever it takes to ensure that we don’t stop them. Legal disinformation is one of their primary tools for this.
Avoiding a mandatory vaccine requires: 1) a law or legal right allowing you to refuse; and 2) cooperation from the local officials. The second of these is critical, because having the law on your side means nothing if local authorities ignore your rights, which is all too often the case with vaccines. The part we can control is educating ourselves about our rights. If we don't get that part right, cooperation from local authorities won't matter. So, here's the vaccine rights legal overview, and a list of fake exemption "rights" spreading throughout the aware community that even some of our best and brightest are falling for.
The legal overview (U.S.):
1. The federal government lacks authority to mandate vaccines and exemptions for state residents. So, for most people, the mandates will come from the state level. [source: Congressional Research Service, 2009, 2020.] Many employers also have authority to require vaccines as a condition of employment.
2. The federal government has authority in federal jurisdictions, which include: 1) the military, 2) immigration, 3) U.S. air space, 4) interstate travel, and 5) federal employees.
3. Presidential executive orders can only create new policy under existing law for the executive branch of the federal government. They cannot create new law or or create policies that apply outside of the federal executive branch. Thus, for most people, the coming emergency vaccine mandates will come from their state or local government officials, and/or their employer.
4. State governors and health directors can issue emergency health orders that may include mandating emergency vaccines. New legislation isn't needed, though some state legislatures are considering covid-19 vaccine bills.
5. In at least some states, violating a health order can get you fined and jailed. A significant portion of states’ current emergency health laws were enacted in the early 2000’s following the CDC’s aggressive push of the overreaching Model State Emergency Health Powers’ Act (MSEHPA), riding the wave of fear generated by 9/11.
6. The only absolute right is the right to think or believe whatever you want to think or believe. Beyond that, all rights are bounded by opposing rights. If your Constitutional "free exercise" of religion puts others at imminent risk of harm, for example, that right can be limited to protect those others. You don’t get to sacrifice a virgin just because your religion requires it. More to the point, if your religious objection to vaccines is deemed to pose a sufficiently high risk to others, you can be required to vaccinate against your religious beliefs. The problem here isn’t the concept, it’s the fact that in today’s world, a determination of infectious disease risks is based on fake science. Worse, some authorities will knowingly step over the law, whether from fear or in support of the corrupt agenda, to “protect the community.” Sadly, while having the law on your side is a required first step, it doesn’t necessarily mean you win. (Welcome to 21st century America…)
7. Emergency vaccines don’t come with religious or philosophical exemptions, and may have only limited medical exemptions. As a policy matter, health authorities are supposed to achieve their goals in the least restrictive manner, which would allow for self-quarantine instead of vaccinating during an outbreak, for example. In practice, however, an aggressive, coercive policy seeking to apply a “no exceptions” agenda to everyone is not likely to adhere to the “least restrictive” policy. Criminal elite don’t care about our preferences or rights, and they have the power to ignore them. The same people who "own" the science also "own" the law.
Effective exemption disinformation usually incorporates some element of real law mixed with false information. The real-law component lends credibility (to the legally-uninformed), while obscuring the falsity of the erroneous information. Sensationalism is often employed as well, to trigger emotions (e.g., fear of vaccine harm, anger at corrupt authorities), which anchors the false narrative and provides a barrier that literally rejects, or screens out, conflicting truthful information. Once a person is emotionally invested in a false narrative, s/he will aggressively defend the position, to the point of dismissing authoritative facts, as we've all observed pediatricians do with referenced information about vaccine harm, for example. The same dynamic applies to aware people! Such is the power of psychology...Finally, false claims of successful application of the “exemption” may be used to further bolster the fake exemption’s credibility, but they never provide documentation supporting such claims. Sometimes, legal cites are provided to give the appearance of authenticity, but no one ever looks them up to see if they really support the narrative (except me, and they don’t).
It’s important to note that even if any of these was valid, once an emergency is declared, normal rights can be suspended, sometimes indefinitely. There are declared emergencies throughout the U.S. at the state and federal level (and presumably throughout most the world), so none of these could apply to the current situation even if they were real legal exemptions (but they aren’t).
Some Common Vaccine Exemption Legal Disinformation:
1. Notice of Liability: Notices are a common part of legal practice, but this one is fake. Officials who enforce mandates will ignore this; it’s just not in their job description. These notices can’t be enforced, because there’s no law to back them up (based on a legal search of all U.S. jurisdictions). A piece of paper doesn’t make anyone do anything. Even a court order is just a piece of paper that can’t, in and of itself, make anyone do anything. But since court orders can be enforced, some people will follow them. Yet, even people with court orders in hand can still “lose,” for failure to follow through on costly enforcement procedures when the person being ordered to do something ignores the order. "Notice of Liability" may sound good (read: “feel” good), but It’s fake law.
This raises an important psychology point: The “feels good” is often part of what sells disinformation. The feelings are triggered by wording specifically designed to elicit this emotional response. That response is usually subconscious, so readers have no opportunity to assess and deflect this perception-manipulation tactic. We tend to avoid things that make us feel uncomfortable, and gravitate to things that make us feel good, whether we're aware (conscious) of the feeling or not.
2. Declare Your Sovereignty, or Renounce Your Citizenship: Sorry, but there’s no such thing in the U.S. legal system. Even if there was, health laws apply to anyone who is physically within the relevant jurisdiction(s). If you’re physically present in the U.S., you’re subject to all applicable health laws of the city/county and state where you are located, and to any applicable federal laws, regardless of your citizenship or any “declaration.” It’s a common-sense idea: Germs don’t avoid non-citizens. The only way to free yourself from any given jurisdiction’s health laws is to physically remove yourself from the jurisdiction. You may disagree with the underlying scientific assumptions regarding the spread of infectious disease, but the law is what it is at any given point in time, regardless of whether real science supports it. You can’t escape application of the law by arguing science. That may support a request to change current law through the appropriate legislative or administrative process, but it can't exempt you from the application of current law.
3. Advance Directive Card: This scam has made $ millions for the scammers; we need an international class action lawsuit for this one. The scammers claim their card applies in over 160 countries—but what person or team could master the multitude of languages and various legal systems in 160 countries to verify such an assertion? “Advance Directive” is a real legal term; such Directives are a written instruction allocating decision-making authority to someone else, such as granting a friend or your doctor the authority to decide whether to “pull the plug” if you’re in a coma and can’t speak for yourself. In theory, I suppose you could use an Advance Directive to give someone else authority to refuse a vaccine for you while you’re unconscious, (sadly, I’ve heard stories of people being administered flu shots while unconscious), but it’s not something you can use to refuse a vaccine for yourself directly.
There’s another accepted standard for that already: medical bracelets and necklaces using the standardized medical symbol. If you’re unconscious, no one’s going to dig through your wallet or purse to see if you have an Advanced Directive card, but if you have the appropriate medical bracelet or necklace, you can communicate that you’re diabetic, allergic to penicillin, have religious objections to vaccines, or any other brief medical information. Furthermore, advance directive laws vary from state to state (and country to country if or when the concept may apply outside of the U.S.). Some Directives may require notarized witness signatures. With real Advance Directives, there’s no one-size-fits-all, and drawing one up for someone else probably requires a law license.
4. Form a non-profit corporation: Not sure how anyone thinks forming a non-profit could get you out of a vaccine, but I’m including it here because people have told me about it. If this concerns forming a church, church affiliation isn’t required for a religious exemption, and religious exemptions probably won’t apply to an emergency vaccine order, anyway. But where religious exemptions do apply to routine vaccines, and if stating the beliefs is required to get the exemption (sometimes it is, sometimes it isn't), then what matter is not whether you belong to an organized religion, nor which one if you do, but rather, whether your beliefs meet the legal requirements. Sadly, most people's common sense approach to stating their religious objections to vaccines is not fully consistent with those legal requirements. So, it's advisable to seek out authoritative information about your rights before asserting your religious beliefs. (See vaccinerights.com)
5. RFK, Jr.’s/Del Bigtree’s 2018 Lawsuit Against DHHS: This lawsuit had nothing to do with vaccine mandates. The resulting Stipulation Order affirmed, to the limited aware community only, that DHHS failed to provide bi-annual vaccine safety reports to Congress for the past 30 years as required by the NCVIA of 1986. (Curiously, DHHS wasn’t ordered to start providing those reports; why was such an order agreed to?!). Bottom line, that order doesn’t get anyone out of any vaccine.
6. Presidential Power under the 14th Amendment: The President has no authority to mandate vaccines or exemptions for state residents. An Executive Order may be able to mandate vaccines for federal employees in the executive branch, but not based on this Amendment. The 14th Amendment ends with language giving Congress the power to enforce the Amendment through legislation, not the President.
7. Common Law: Common law exists and applies only as set out in legal precedent in state and federal law. It can vary from state to state, and is substantially supplanted by statutory law in modern times. I know of no legal precedent applying common law to vaccine mandates. It’s not a clever legal “work-around,” it’s fake law as it concerns vaccine rights.
8. Maritime Law: Applies solely to navigable waterways. (Just how gullible are we?)
9. Uniform Commercial Code (UCC): Applies solely the sale of goods, which does not include the refusal of vaccines.
10. Natural Law: Natural law is a philosophy, not applicable, enforceable law. As such, there's nothing there that can be legally enforced, unless the philosophy is actually set out in applicable law, in a state or federal constitution, statute, regulation or legal precedent.
11. Congressional Records: These are not laws, they merely document congressional activity. They could be used, for example, to argue Congressional intent when a federal statute’s meaning or application isn’t clear, if the question arose in a lawsuit. But they have no force of law or legal authority in and of themselves.
States of Emergency were declared by all U.S. states and the federal government in early 2020, and they are all still in effect. Emergency health orders requiring emergency covid-19 vaccines are on the way, and will likely have only narrow medical exemptions. Getting a medical exemption these days is difficult, as fewer and fewer medical doctors are willing to recommend them, for fear of attack by their state medical boards. Gates has publicly stated that the goal is to vaccinate everyone with “no exceptions.” As “he who has the money makes the rules” (and today's world obeys), medical exemptions are likely to be all but impossible to get for the coming emergency mandates.
There aren’t any legal outs for this one, folks. This doesn't mean there's no out, it means we have to resort to an out-of-the-box solution.
We argued the science, but the lockdowns came anyway. We argued the science, but face mask mandates came anyway. We argued the science, and the vaccines are rolling out anyway. Real science is suppressed; so, arguing science fixes nothing unless you first address the suppression.
We Woke Up to the Problem; Now, We Must Wake Up to the Solution.
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