Andrew P. Napolitano asks: “Can the president compel employers to enforce a federal program at their own expense?” The short answer is no, not if the Constitution still means anything. From Andrew P. Napolitano at lewrockwell.com:
Two weeks ago, President Joseph R. Biden announced his intention to order the Department of Labor to compel all employers of more than 100 persons to require all their employees to be vaccinated against COVID-19 or be fined $14,000 per day for each unvaccinated employee. The Department of Labor will collect the fines.
Biden’s legal advisers probably informed him that the federal government is without authority to compel individuals directly to receive vaccinations, and if it were, the compulsion would need to come from Congress — which writes the laws — not from the president, who enforces them.
But the same advisers no doubt told the president that the feds are possessed of authority to tell employers whose businesses affect interstate commerce how to run their businesses. For a government that can’t pay its own bills without borrowing $2 trillion a year, can’t comply with the regulations it imposes on the rest of us, and can’t follow the Constitution its officers have sworn to uphold, it is a sick joke that it can second-guess management of private businesses.
By using private businesses to enforce his dictates, is the president doing indirectly what the Constitution prohibits the federal government from doing directly?
Here is the backstory.