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Make CDC do its real job or shut it down


gwalchmai
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http://sultanknish.blogspot.com/2020/03/the-cdc-was-fighting-racism-and-obesity.html

The Centers for Disease Control has a $6.6 billion budget and one job which it messes up every time.

The last time the CDC had a serious workout was six years ago during the Ebola crisis. Back then CDC guidelines allowed medical personnel infected with Ebola to avoid a quarantine and interact with Americans until they showed undeniable symptoms of the disease. There were no protocols in place for treating the potentially infected resulting in the further spread of the disease inside the United States....

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Yeah, they need to be forced to stop their foolishness and get some logical people in their instead of emotional twits.  I don't know how much more good they could really do in this incident but they should be dealing with the bum problem.  That is a public health hazard and chamber pot for disease.

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1 hour ago, gwalchmai said:

 

http://sultanknish.blogspot.com/2020/03/the-cdc-was-fighting-racism-and-obesity.html

The Centers for Disease Control has a $6.6 billion budget and one job which it messes up every time.

The last time the CDC had a serious workout was six years ago during the Ebola crisis. Back then CDC guidelines allowed medical personnel infected with Ebola to avoid a quarantine and interact with Americans until they showed undeniable symptoms of the disease. There were no protocols in place for treating the potentially infected resulting in the further spread of the disease inside the United States....

More at link

Any agency formed by this government is political.   Sometimes the underlings or bottom tier workers aren't.  The organization has to present the appearance of doing something.  The reality is that no government knows what to do.  

The idea is to keep spending money and reassuring the public to give the impression that something is being done, while those in political power pray that the bad stuff will ease off eventually, and they will get credit for their accomplishing nothing. 

This, like all other threats to man, will run it's course.  After it abates, politicians will fall all over themselves trying to tell you how they are personally responsible for your very existence. 

Hell, I'm getting phone calls from my local politicians, telling me just how fervently they are curtailing my rights, for my own good and safety.

With all the "emergency" powers being put in place, watch how fast it could slide into a condition where guns will be "regulated", if not banned.  The claim may be that it's just for this perceived emergency, but don't trust any one of them.  Don't give an inch!

This is a rare opportunity to gun control in addition to people control.  It's very tempting. Don't let politicians get away with anything under the lie that they care about you.

 

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8 minutes ago, janice6 said:

*snip*

With all the "emergency" powers being put in place, watch how fast it could slide into a condition where guns will be "regulated", if not banned.  The claim may be that it's just for this perceived emergency, but don't trust any one of them.  Don't give an inch!

This is a rare opportunity to gun control in addition to people control.  It's very tempting. Don't let politicians get away with anything under the lie that they care about you.

 

Some places already are

https://www.mom-at-arms.com/post/breaking-city-of-champaign-illinois-using-covid-19-outbreak-to-enact-gun-control

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Keeping in mind that the current crisis is a serious problem ,it is prudent to keep in mind these previous court decisions in regards to oppressing our rights. The government under the guise of "public health crisis" is not given dictatorial powers to do anything they choose and if they attempt such actions they must be held accountable.    

 

This bears to be re-posted...
Davis v. Wechsler , 263 US 22, 24.
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”

Miranda v. Arizona, 384 US 436, 491.
“The claim and exercise of a constitutional right cannot be converted into a crime.”

Miller v. US, 230 F 486, 489.
“There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.”

Sherer v. Cullen , 481 F 946.
We could go on, quoting court decision after court decision, however, the Constitution itself answers our question Can a government legally put restrictions on the rights of the American people at anytime, for any reason? The answer is found in Article Six of the U.S. Constitution: Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them."

Norton v. Shelby County , 118 U.S. 425 p. 442
"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."

Sherar v. Cullen , 481 F. 2d 946 (1973)
"There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights."

Simmons v. United States , 390 U.S. 377 (1968)
"The claim and exercise of a Constitution right cannot be converted into a crime"... "a denial of them would be a denial of due process of law".

Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958)
Note: Any judge who does not comply with his oath to the Constitution of the United States wars against that
Constitution and engages in acts in violation of the supreme law of the land. The judge is engaged in acts of treason.

The U.S. Supreme Court has stated that "no state legislator or executive or judicial officer can war against
the Constitution without violating his undertaking to support it". See also In Re Sawyer, 124 U.S. 200 (188); U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).

Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417
"The courts are not bound by an officer's interpretation of the law under which he presumes to act."

Marbury v. Madison, 5 U.S. (2 Cranch) 137,180 (1803)
"... the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts,as well as other departments, are bound by that instrument." "In declaring what shall be the supreme
law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank". "All law (rules and practices) which are repugnant to the Constitution are VOID". Since the 14th Amendment to the Constitution states "NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, ... or equal protection under the law", this renders judicial immunity unconstitutional.

Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974)
Note: By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). When a judge acts as a trespasser of the law, when a judge does not follow the law, the Judge loses subject-matter jurisdiction and the judges' orders are not voidable, but VOID, and of no legal force or effect. The U.S. Supreme Court stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States."

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7 minutes ago, G21H30 said:

Keeping in mind that the current crisis is a serious problem ,it is prudent to keep in mind these previous court decisions in regards to oppressing our rights. The government under the guise of "public health crisis" is not given dictatorial powers to do anything they choose and if they attempt such actions they must be held accountable.    

 

This bears to be re-posted...
Davis v. Wechsler , 263 US 22, 24.
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”

Miranda v. Arizona, 384 US 436, 491.
“The claim and exercise of a constitutional right cannot be converted into a crime.”

Miller v. US, 230 F 486, 489.
“There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.”

Sherer v. Cullen , 481 F 946.
We could go on, quoting court decision after court decision, however, the Constitution itself answers our question Can a government legally put restrictions on the rights of the American people at anytime, for any reason? The answer is found in Article Six of the U.S. Constitution: Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them."

Norton v. Shelby County , 118 U.S. 425 p. 442
"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."

Sherar v. Cullen , 481 F. 2d 946 (1973)
"There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights."

Simmons v. United States , 390 U.S. 377 (1968)
"The claim and exercise of a Constitution right cannot be converted into a crime"... "a denial of them would be a denial of due process of law".

Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958)
Note: Any judge who does not comply with his oath to the Constitution of the United States wars against that
Constitution and engages in acts in violation of the supreme law of the land. The judge is engaged in acts of treason.

The U.S. Supreme Court has stated that "no state legislator or executive or judicial officer can war against
the Constitution without violating his undertaking to support it". See also In Re Sawyer, 124 U.S. 200 (188); U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).

Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417
"The courts are not bound by an officer's interpretation of the law under which he presumes to act."

Marbury v. Madison, 5 U.S. (2 Cranch) 137,180 (1803)
"... the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts,as well as other departments, are bound by that instrument." "In declaring what shall be the supreme
law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank". "All law (rules and practices) which are repugnant to the Constitution are VOID". Since the 14th Amendment to the Constitution states "NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, ... or equal protection under the law", this renders judicial immunity unconstitutional.

Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974)
Note: By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). When a judge acts as a trespasser of the law, when a judge does not follow the law, the Judge loses subject-matter jurisdiction and the judges' orders are not voidable, but VOID, and of no legal force or effect. The U.S. Supreme Court stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States."

:goodpost:

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5 minutes ago, Bish1309 said:

Does this indicate that Mayors/Governors can't mandate closings of private business or other such entities?

 

They can't mandate **** other than the government resources they are responsible for.  Everything so far has been guidelines (except perhaps the Champaign IL garbage) and hopefully it stays that way.

People that are super concerned are free to stay in their houses.  I am certainly limiting my exposure but I have no interest in a government mommy ordering me what to do.

The graph about 3/4 down the page is encouraging, shows cases reported per day are dropping dramatically.  Peaked at 110.

https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases-in-us.html

 

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its a Political Bureaucracy held together by red tape, like FEMA usually by the time they get there and in motion its too late for most people on a mass scale.

smaller episodes (comparatively) can be dealt with by them but something on this scale they fall apart and are never held to account.

between the two they have a Budget of about $25 Billion dollars a year...

i think if that was either removed from our Taxes or given directly to us we could spent it better and where and when it was needed..

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2 hours ago, Bish1309 said:

Does this indicate that Mayors/Governors can't mandate closings of private business or other such entities?

Point Eight:  All cases arising from and rules not specifically provided for in this directive, shall be settled and determined by the Unification Board, whose decisions will be final.

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The CDC does a lot more than just pandemics.  The US has a relatively low number of infections compared to the rest of the world.  How do we know the CDC didn't have a part in that?  Not that I am defending a bureaucracy, but it's hard to call them a failure when you look at the numbers in Italy, Iran, and Spain. 

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Well it looks as if the Kansas Legislature is doing something to make sure the Governor doesn't get to over zealous with her powers after declaring a "State Of Disaster Emergency" .  

 

Brief* HCR 5025, as amended, extends the Governor’s March 12, 2020, state of disaster emergency declaration for the State regarding novel coronavirus (COVID-19) through May 1, 2020, subject to additional extensions by concurrent resolution of the Legislature. The resolution provides that if the Legislature is not in session, the Governor could apply to the State Finance Council to extend the state of disaster emergency declaration, and the Council could authorize additional extensions of the declaration for specified periods of up to 30 days each, by a majority vote of the legislative members of the Council. The resolution further states the Governor shall not have the power or authority pursuant to either the statutory powers of the Governor during a state of disaster emergency, or any other executive authority to: ● Temporarily or permanently seize, or authorize seizure of, any ammunition or to suspend or limit the sale, dispensing, or transportation of firearms or ammunition [KSA 2019 Supp. 48-925(c)(8)]; ● Utilize all available resources of the state government and of each political subdivision as reasonably necessary to cope with the disaster [KSA 2019 Supp. 48-925(c)(2)];  

● Subject to any applicable requirements for compensation under current law, commandeer or utilize any private property if the Governor finds such action necessary to cope with the disaster [KSA 2019 Supp. 48-925(c)(4)]; ● Control ingress and egress of persons and animals to and from a disaster area, the movement of persons and animals within the area and the occupancy by persons and animals of premises therein [KSA 2019 Supp. 48-925(c)(7)]; ● Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles [KSA 2019 Supp. 48-925(c)(8)]; or ● Perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population [KSA 2019 Supp. 48-925(c)(11)]. Background HCR 5025 was introduced by Representatives Ryckman, Sawyer, Finch, Hawkins, and Winn in the House Committee of the Whole on March 13, 2020, and was adopted by the Committee of the Whole on the same date. On March, 18, 2020, the Senate amended the resolution on final action by modifying the extension date, specifying the method of obtaining, and length of future extensions of the related disaster emergency declaration; and inserting provisions related to limiting certain powers of the Governor during the term of the disaster emergency declaration. The Senate Committee of the Whole adopted the amended resolution on the same date.

Edited by G21H30
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