Why Biden’s Vaccine Mandate Fails the Constitutional Test

President Joe Biden enters a virtual coronavirus summit as part of the United Nations General Assembly from the White House in Washington, D.C., September 22, 2021. (Evelyn Hockstein/Reuters)
In the name of an ‘emergency,’ the administration is invoking a 50-year-old statute of doubtful relevance to justify a sweeping and unprecedented mandate over the private sector.

NRPLUS MEMBER ARTICLE P resident Joe Biden’s vaccine mandate represents a bold, unprecedented use of federal power. Despite its being advanced in the name of public health, and in the midst of a viral pandemic, it should fail because it undermines the Constitution’s balance between Congress and the president and between the federal and state governments. Congress has not vested the president with the power to govern every aspect of every office and factory in the nation, and even if it had, such a grant of sweeping power would violate the very division of authority between the national and state governments.

In fact, the administration

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