Where Did The CDC Get Authority To Require Americans To Wear Facemasks?


So, just over two weeks after China Joe Biden issued an unconstitutional facemask mandate, the unconstitutional Center for Disease Control ups and thinks it not only has authority to create law but to enforce it when it comes to facemask mandates.  Civil rights attorneys must be chomping at the bits over this.

The CDC website posted on January 30, 2021 that effective February 2, 2021 they will require wearing of face masks while on public transportation and at transportation hubs despite having no constitutional authority to do so.

Here’s what the unconstitutional agency wrote:

As the COVID-19 pandemic continues to surge in the United States, CDC is implementing provisions of President Biden’s Executive Order on Promoting COVID-19 Safety in Domestic and International Travel and will require the wearing of masks by all travelers into, within, or out of the United States, e.g., on airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares. The mask requirement also applies to travelers in U.S. transportation hubs such as airports and seaports; train, bus, and subway stations; and any other areas that provide transportation.  Transportation operators must require all persons onboard to wear masks when boarding, disembarking, and for the duration of travel. Operators of transportation hubs must require all persons to wear a mask when entering or on the premises of a transportation hub.

This action is to further prevent spread of the virus that causes COVID-19 and to further support state and local health authorities, transportation partners, and conveyance operators to keep passengers, employees, and communities safe.

Today’s order from CDC is part of a comprehensive, science-driven, U.S. government response to the COVID-19 pandemic. One component of the whole-of-government response is taking actions related to reducing virus spread through travel.  Transmission of the virus through travel has led to—and continues to lead to—interstate and international spread of the virus.

First of all, it is hardly science driven.

The New England Journal of Medicine writes:

We know that wearing a mask outside health care facilities offers little, if any, protection from infection. Public health authorities define a significant exposure to Covid-19 as face-to-face contact within 6 feet with a patient with symptomatic Covid-19 that is sustained for at least a few minutes (and some say more than 10 minutes or even 30 minutes). The chance of catching Covid-19 from a passing interaction in a public space is therefore minimal. In many cases, the desire for widespread masking is a reflexive reaction to anxiety over the pandemic.

The NEJM is not the only one stating this.  Mac Slavo reported on a Danish study on masks.

Most Western elites are telegraphing the message that we will be forced to cover our humanity with cheap Chinese face burkas indefinitely. They are mandating that even two-year-olds must wear masks. The long-term effects on the lungs, emotional and behavioral problems and development of infants and toddlers is enormous. For such an unconstitutional invasion of personal liberty, they are responsible to show us some amazing degree of effectiveness of this cultish ritual. In fact, the data show the opposite. –The Blaze

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No medical journal wanted to publish this study because it fails to follow the narrative handed down by tyrants. In fact, three medical journals were so averse to publishing its findings. However, science and facts are still more important than cult rituals to some. The Danish mask study was finally published yesterday in the prestigious Annals of Internal Medicine.  The study completely obliterates the cultish devotion to masks. The results of this massive real-life controlled experiment show that the group that wore surgical masks in April experienced a 0.38% lower infection rate than the control group that did not wear masks. That is about one-third of one percent, which is so low that it could just be statistically random variances that demonstrate no definitive efficacy even to that infinitesimal level.

“The recommendation to wear surgical masks to supplement other public health measures did not reduce the SARS-CoV-2 infection rate among wearers by more than 50% in a community with modest infection rates, some degree of social distancing, and uncommon general mask use,” concluded the authors. “The data were compatible with lesser degrees of self-protection.”

It appears that the study’s authors had to twist their tongues in order to get this study published by noting that “the estimates were imprecise and statistically compatible with an effect ranging from a 46% decrease to a 23% increase in infection.” They of course had to concede that their study doesn’t definitely rule out the idea that masks could be effective! –The Blaze

“America’s transportation systems are essential,” said CDC Director Dr. Rochelle P. Walensky, MD, MPH.  “Given how interconnected most transportation systems are across our nation and the world, when infected persons travel on public conveyances without wearing a mask and with others who are not wearing masks, the risk of interstate and international transmission can grow quickly.”

They have never proven that the unproven, unisolated “virus” is contagious and that it can be transmitted.  The other things to note here is that they are just going to assume everyone is infected with something and must wear the face diaper.

“CDC recommends that non-essential travel be avoided; however, for those who must travel, additional measures are being put in place to help prevent the spread of the virus,” said Dr. Walensky.  “Masks are most likely to reduce the spread of COVID-19 when they are widely and consistently used by all people in public settings.”

Again, there is zero evidence of Dr. Walensky’s claim.

The CDC added:

This Order must be followed by all passengers on public conveyances (e.g., airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares) traveling into, within, or out of the United States as well as conveyance operators (e.g., crew, drivers, conductors, and other workers involved in the operation of conveyances) and operators of transportation hubs ( e.g., airports, bus or ferry terminals, train or subway stations, seaports, ports of entry) or any other area that provides transportation in the United States.

People must wear masks that cover both the mouth and nose when awaiting, boarding, traveling on, or disembarking public conveyances. People must also wear masks when entering or on the premises of a transportation hub in the United States.

Again, I didn’t know We The People authorized the CDC to issue any orders or directives under our Constitution.

Furthermore, Reason.com points out:

…deputizing federal agents, state authorities, and local cops to enforce transit mask rules will open up all sorts of new police harassment and abuse opportunities.

Only targeting people without masks might not seem to leave a lot of room for discriminatory enforcement. But the CDC order doesn’t just stop at people not wearing masks. In fact, it leaves a lot up to officials’ discretion.

For instance, travelers can take masks off while eating, drinking, or taking medication—leaving room for a lot of individual judgments in how long it’s reasonable or appropriate to remove a mask for during these activities, as well as misinterpretation in whether someone is allowed to have a mask on or off at a given moment.

The CDC order also says it’s not enough to simply wear a mask—it has to be a certain kind of mask. It can’t be a bandana, scarf, ski mask, or balaclava. It can’t fit too loosely or too tightly. It can’t contain an exhalation valve or be made from knitted fabrics, leather, plastic, or vinyl.

Again, that leaves a lot of room for authorities to choose who they target for enforcement.

Yep, and some power-tripping front line workers will be more than glad to target you for a variety of reasons.

Additionally, keep in mind that the CDC’s own study discovered that most COVID-19 cases were admitted mask wearers!

And let’s not forget this little gem where representatives told on themselves on hot mic that wearing masks was just political theater.

But let’s get to the heart of the matter.  The CDC has no constitutional authority to even exist let alone legislate and then bring to bear criminal charges for those not wearing a mask on public transportation.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. -Article I, Section 1

When one looks at Article I, one discovers that Congress has 18 to 21 things, depending on how you break them down, they may legislate on behalf of the people.

Enumerated Powers Of Congress

Notice the word “all” when the Constitution speaks of legislative powers.  That does not apply to the executive branch at all.  In fact, the executive branch may only enforce law that is constitutional and falls under Article I.  They may not enforce law that is outside that scope of authority and nowhere are we told in the Constitution that there is any law enforcement except by two entities:  The President (Article 2, Section 3) and the militia (Article 1, Section 8, Clause 15).  There is no authority in our Constitution for any of the federal “law enforcers” to exist in the first place, let alone the CDC and their implementation of pretended law that infringes on the people’s liberties.

The President’s Enumerated Powers – Rulemaking By Executive Agencies & Executive Orders

I’m just waiting on the plethora of lawsuits that are going to ensue over this obvious power grab and hoax.

So, where did the CDC derive its authority to issue facemask mandates? It usurped it! And they didn’t even issue the mandate based on actual scientific data.

Cross-posted with DC Dirty Laundry

Tim Brown is an author and Editor at FreedomOutpost.comSonsOfLibertyMedia.comGunsInTheNews.com and TheWashingtonStandard.com. He is husband to his “more precious than rubies” wife, father of 10 “mighty arrows”, jack of all trades, Christian and lover of liberty. He resides in the U.S. occupied Great State of South Carolina. . Follow Tim on Twitter. Also check him out on GabMindsMeWeSpreelyMumbl It and Steemit

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