Should we support or oppose vaccines, or support the Constitution?

Science has become politicized and tribal. Whenever a matter becomes politicized, reason, nuance, critical thinking, and basic reading skills all go missing. The current public debate over the COVID-19 vaccine is a case in point.

  • Taking the vaccine has become the Democratic position
  • Avoiding or being skeptical of the vaccine, has become the Republican position.
  • Even many Libertarians seem to be dividing up into one or the other of these warring camps.
  • And being For or Against either position makes you instantly hated by large numbers of people.

Since people are no longer thinking, reading well, or paying attention to nuance, any mention of the vaccine debate provokes knee-jerk reactions. This is exactly what happened with our message pitching a legal brief about the vaccine mandate.

We got some intensely angry emails

Some people called us names. Some unsubscribed. But here’s the truth, and please read carefully…

In our message, we did NOT say “yes shot” or “no shot.”

What did we actually write?

We said no MANDATE.

Our point bears repeating in different words, so it won’t be missed…

We didn’t (and wouldn’t) recommend that people should or should not get vaccinated. Downsize DC doesn’t dispense medical advice – your body, your choice. Instead, we took a position on whether or not President Biden has the constitutional authority to penetrate human bodies with substances these persons oppose. Does a president, in this instance, have the power to take away a person’s livelihood for refusing?

Our new amicus brief focuses on the “police powers” of the federal government. We have the protection of the Tenth Amendment by which powers are limited and enumerated. There is no authorization for this power. It is, therefore, reserved to the states or to the individuals themselves.

Now, I want to give you three additional reasons this action is blatantly unconstitutional…

  1. Our government is premised on a separation of powers. Simply put, only Congress can make laws; the President cannot do so. In the past, the courts have recognized that with precedents such as Youngstown Sheet & Tube. But should the Court (wrongly) declare that Congress delegated this rule-making authority to the executive branch, then we would argue…
  2. When regulators propose new regulations, they are required to provide a public comment period. Essentially, the Biden administration instructed OSHA to skip this step. And should the Supreme Court decide to forgive this bit of neglect because the situation is supposedly an “emergency,” then we could ask them…
  3. How can “emergencies” erase our individual right to be ruled by laws passed by our own representatives instead of dictates imposed on us by unelected bureaucrats at OSHA? After all, the Constitution includes a guarantee of a republican form of government (a.k.a., a system based on the rule of law, the Constitution being the highest rule of the land).

And, could add a fourth additional problem for those are just the current Constitutional problems. Frankly, worse things may yet come! Every action becomes a precedent in the hands of an enterprising bureaucrat. Please recognize…

The power you give a politician that you like, today, to do something that you love…
Is a power that will be used tomorrow, by politicians you oppose, to do things you loathe.

We hope you didn’t get angry because you thought we were advocating for the wrong version of “science.” If you did, this is your chance to reconsider the matter and take decisive action.

If you like having a big, unaccountable government that imposes things on peaceful people against their will, then we’re not the organization for you. An unsubscribe link is included in all of our messages.


If you prefer that politicians are bound by the chains of the Constitution and sound precedents, then please consider making a contribution to our legal brief opposing the vaccine mandate!

Support the Brief

Please note: We partner with our sister organization, Downsize DC Foundation, to make your donation tax-deductible. That’s why, when you click, you’ll be taken to the Zero Aggression Project’s contribution form.

Set your own agenda,

Jim Babka, President
Agenda Setters by Downsize DC
[, Inc.]

Today’s Action: Oppose unconstitutional vaccine mandates. Help fund our legal brief.