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Devin Abrams

Mrs. Paisant

Virginia History

Feb 7, 2022

7.16.F - Assignment: Southern Manifesto and Current Issues

The Southern Manifesto is the southern leadership's response after years of government

overreach, it was the culmination of years of frustration with the Federal government helping

themselves to powers that they are not expressly entitled to by the Constitution.

The Constitution of the United States expressly outlines what powers the federal

government has in Article I, section 8. The federal government has been assigned the power to

tax, borrow money on behalf of the country, Establish rules for naturalization, Establish a post

office, declare war, establish and maintain a navy, and numerous other powers directly granted to

the government. It was widely accepted that the only powers that the Federal government has

been those expressly granted to them by the constitution.

The southern manifesto Pointed out, rightly so, that the Education system, its processes,

and governance, at that time was left to the states. Just before the Brown V. Board of education, a

decision was made through Plessy V. Ferguson that allowed the states to provide separate but

equal school facilities, No matter how wrong we now know that system to be, It was the

accepted solution to integration or lack of integration at that time. the supreme court decided on

its own that they, through the powers granted to the federal government, had the authority and

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obligation, to step into a state issue. since this milestone case, the federal government has had

essentially unrestricted access to control the education system. they have some level of control

over every aspect of the system, from establishing curriculum and security measures, on down to

Michelle Obama, Who isn't even an elected public servant, championing a school lunch program

by leaning on an existing bill heavily.

This was the beginning of a slippery slope of the citizens of the united states slowly letting

our rights to self-governance disappear. As a prime example, in 2021, the Occupational safety

and health administration issued an Emergency Temporary Standard (ETS). The ruling requires

"covered employers to establish, implement, and enforce a written mandatory covid-19

vaccination policy with an exception for employers that instead establish, implement, and

enforce a written policy that requires unvaccinated employees to undergo weekly COVID-19

testing and wear a face covering at the workplace instead of vaccination" This order is the

modern-day equivalent to Brown V. board of education because there is no historical case law,

and there is no express power granted to the government to mandate or enforce such rules.

Further, The mandate is essentially an unwritten, and unofficial tax on those who choose to make

their own medical decisions. OSHA, on behalf of the Biden administration, made weekly testing

mandatory for those who are unwilling to take an unproven, potentially dangerous, vaccine. They

did NOT however require that those tests be administered at the cost of the employer, or the

federal government, thereby placing a financial strain on those who do not comply with their

unconstitutional demands, as they will need to pay for weekly tests on their own, since no

employer is going to pick up the bill.

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As is the case with Brown V. Board of education, going against the previous standard of Plessy

V. Ferguson, This Emergency Temporary Standard from OSHA goes against an existing legal

standard to medical privacy, The Health Insurance Portability and Accountability Act of 1996

(HIPAA). HIPPA is a federal law that required the creation of standards to protect patient health

information from being disclosed without the patient's consent or knowledge. the guidelines in

the OSHA ETS require that an employee (a health care patient) reveal and share their medical

records (vaccination status) with their employer as a condition of employment.

As we can see from the examples here, the Federal Government is still on a power grab, looking

to absorb powers that they feel they can, with or without the constitutional authority to do so.

The supreme court heard the case of government reach recently, and while Brown V. BOE was

allowed to take a stand as law, the current supreme court stay sides with the constitution, and has

blocked the OSHA rule from being further enforced, stating "Although Congress has

indisputably given OSHA the power to regulate occupational dangers, it has not given that

agency the power to regulate public health more broadly,". While the court hasn't said, the

government CANT mandate vaccines, it has stated that OSHA isn't the right way to do it, as they

don't have the authority. There is a system in place, checks and balances to be followed. If The

government wishes to continue to steal power from its citizens, it has to at least trick us into

voting for it.

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“Health Insurance Portability and Accountability Act of 1996 (HIPAA).” Centers for Disease
Control and Prevention, Centers for Disease Control and Prevention, 14 Sept. 2018,
www.cdc.gov/phlp/publications/topic/
hipaa.html#:~:text=The%20Health%20Insurance%20Portability%20and,the%20patient's
%20consent%20or%20knowledge.

“Healthy Hunger-Free Kids Act.” Healthy Hunger-Free Kids Act | Food and Nutrition Service,
20 Nov. 2013, www.fns.usda.gov/cn/healthy-hunger-free-kids-act.

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