Showing posts with label Commerce Clause. Show all posts
Showing posts with label Commerce Clause. Show all posts

Monday, November 10, 2014

Who is Running America?

Staff Writer, R. Patrick Chapman
US Constitution / Uniform Commercial Code
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In other words, this is how the Uniform Commercial Code replaced the United States Constitution.

The sad fact is:
The Federal Reserve is at the root of most of our present statutory regulations, "laws", in the control and regulation of virtually all aspects of human activity in the United States, through successively socialistic constructions laid upon the Commerce clause of the Constitution. Basically, the Federal Reserve is the "STATE" of the United States.
EXCERPTS
Page 4
The Independent Treasury Act of 1920 suspended the de jure (meaning "by right of legal establishment") Treasury Department of the United States government. Our Congress turned the treasury department over to a private corporation, which when seen in its true light is a fascist monopolistic cartel - the Federal Reserve and their agents.
Page 5
The Federal Reserve is at the root of most of our present statutory regulations, "laws", in the control and regulation of virtually all aspects of human activity in the United States, through successively socialistic constructions laid upon the Commerce clause of the Constitution.
Page 6
The Federal Register Act was created by Pres. Roosevelt in 1935. Title 3 sec. 301 et seq. by Executive Order. He gave himself the power to create federal agencies and appoint a head of the agency. He then re-delegated his authority to make law (statutory regulations) to those agency heads. One big problem there, the president has no constitutional authority to make law. Under the Constitution re-delegation of delegated authority is a felony breach.
Page 13
The Uniform Commercial Code (UCC), has been adopted in whole or substantially by all states. (See: Blacks Law, 6th Ed. pg. 1531) In essence, all court decisions are based on commercial law or business law and has criminal penalties associated with it. Rather than openly calling this new law Admiralty/Maritime Jurisdiction, it is called Statutory Jurisdiction.
Page 18
There is a terrible FRAUD being perpetrated on all Americans. Please understand that this fraud is a 24 hour, 7 days a week, year after year continuous fraud. This fraud is constantly upon you all your life. It doesn't just happen once in a while. This fraud is perpetually and incessantly upon you and your family.

Source: AntiCorruption Society

NOTE
This book was formatted by the AntiCorruption Society to preserve the
work and increase the ease of sharing this most valuable information.
We have also added an EXCERPTS page and END NOTES as
supporting documentation. Permission for re-distribution was granted by
the original author at www.barefootsworld.com. This work is free online
at www.anticorruptionsociety.com

Thursday, October 30, 2014

Legal Authorities for Isolation and Quarantine

Staff Writer, R. Patrick Chapman
Infectious Disease / Law of the Land
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With the controversy surrounding a nurse who defies legal authority for her quarantine from possible Ebola virus exposure in her medical treatment of patients with the disease in Africa, here are a few federally enforceable laws derived from the U.S. Constitution:

Isolation and Quarantine

Isolation and quarantine help protect the public by preventing exposure to people who have or may have a contagious disease.
  • Isolation separates sick people with a contagious disease from people who are not sick.
  • Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick.
In addition to serving as medical functions, isolation and quarantine also are “police power” functions, derived from the right of the state to take action affecting individuals for the benefit of society.

Federal Law

The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.

Federal isolation and quarantine are authorized for these communicable diseases:

  • Cholera
  • Diphtheria
  • Infectious tuberculosis
  • Plague
  • Smallpox
  • Yellow fever
  • Viral hemorrhagic fevers
  • Severe acute respiratory syndromes
  • Flu that can cause a pandemic
Federal isolation and quarantine are authorized by Executive Order of the President. The President can revise this list by Executive Order.

Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC).

CDC’s Role

Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to detain, medically examine, and release persons arriving into the United States and traveling between states who are suspected of carrying these communicable diseases.

As part of its federal authority, CDC routinely monitors persons arriving at U.S. land border crossings and passengers and crew arriving at U.S. ports of entry for signs or symptoms of  communicable diseases.

When alerted about an ill passenger or crew  member by the pilot of a plane or captain of a ship, CDC may detain passengers and crew as  necessary to investigate whether the cause of the illness on board is a communicable disease.

State, Local, and Tribal Law

States have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states have laws to enforce the use of isolation and quarantine.

These laws can vary from state to state and can be  specific or broad. In some states, local health authorities implement state law. In most states, breaking a quarantine order is a criminal misdemeanor.

Tribes also have police power authority to take actions that promote the health, safety, and welfare of their own tribal members. Tribal health authorities may enforce their own isolation and quarantine laws within tribal lands, if such laws exist.

Who Is in Charge

The federal government

  • Acts to prevent the entry of communicable diseases into the United States. Quarantine and isolation may be used at U.S. ports of entry.
  • Is authorized to take measures to prevent the spread of communicable diseases between states.
  • May accept state and local assistance in enforcing federal quarantine.
  • May assist state and local authorities in preventing the spread of communicable diseases.

State, local, and tribal authorities

  • Enforce isolation and quarantine within their borders.
It is possible for federal, state, local, and tribal health authorities to have and use all at the same time separate but coexisting legal quarantine power in certain events. In the event of a conflict, federal law is supreme.

Enforcement

If a quarantinable disease is suspected or identified, CDC may issue a federal isolation or quarantine order.

Public health authorities at the federal, state, local, and tribal levels may sometimes seek help from police or other law enforcement officers to enforce a public health order.  

U.S. Customs and Border Protection and U.S. Coast Guard officers are authorized to help enforce federal quarantine orders.

Breaking a federal quarantine order is punishable by fines and imprisonment.

Federal law allows the conditional release of persons from quarantine if they comply with medical monitoring and surveillance.

For more information, please visit our source material. 

The Federal Law: 

Is it time for the CDC to issue quarantine orders for exposed individuals?



Source: CDC, FDA