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> Just the general category of workplace health measures is too broad and ill-defined to specify whether it is constitutional or not. This seems reasonable. >
by WarOnPrivacy 5y ago
> Just the general category of workplace health measures is too broad and ill-defined to specify whether it is constitutional or not.
This seems reasonable.
> Particularly when you start stuffing things like vaccine mandates -- something unprecedented for OSHA -- into the bucket of workplace safety
I agree it is an imperfect application and pushes past existing boundaries.
> You would need to make a case that the measure ties reasonably to interstate commerce or some other enumerated power
If limited to the scope of this EO, this is hopefully part of what the courts are going to consider.
> Personally, I think trying to turn OSHA into a public health authority is a bit of a stretch, as historically this has been the job of states.
On the former, I agree on principle. On the latter I am disinclined to appreciate that arrangement while it is routine for state officials to exercise corruption and party favoritism - because it is typically left to harmful state officials to perform their own oversight.
- raxxorrax 5y agoWhy do you think corruption is a domain found in lower administrative institutions? Modern states have the opposite problem because just as companies prefer a lower number of suppliers, they also prefer having to influence fewer officials. Corporate influence on subsidiary institutions isn't feasible. Happens too, but the damage is restricted. In the EU this is a massive problem. For some countries the situation is better, but you provide a far larger attack surface for special interest with huge capital.
- josephcsible 5y ago> it is routine for state officials to exercise corruption and party favoritism - because it is typically left to harmful state officials to perform their own oversight. Are you saying you don't believe that to be the case for federal officials?
- WarOnPrivacy 5y agoI absolutely believe nearly all of Congress is profoundly corrupt. However the closer the gov, the more it directly it impacts me. My county is generally square with us and I've been happy with them. Conversely, my state leadership choices have resulted in years of real-life grief for us. FWIW, county and state are dominated by the same party. My county mostly serves us while the state serves party+donors and that's about it.
- Notanothertoo 5y agoYes but it's easier for you to have an impact and escape or migrate away from corrupt state power vs federal power. Kind of proving the liberty argument here, your just not happy with it with this cause because you don't agree.