Posted: Oct 09, 2021 12:01 AM
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President Biden recently announced another attempt to unilaterally and unconstitutionally legislate through his executive position. President Biden has directed the Department of Labor’s Office of Occupational Safety and Health (OSHA) to promulgate rules and implement standards for weekly testing or mandatory vaccines for employers with at least 100 employees. This is in direct conflict with the separation of powers and non-delegation doctrines in the Constitution. The separation of powers and non-delegation doctrines are two-sides of the same coin that restrict abuses of power by any one branch of government — especially the Executive.
Article I of the United States Constitution provides that “[a]ll legislative powers herein granted shall be vested in a Congress.” As creations of Congress, the administrative agencies, including OSHA, can only act pursuant to power explicitly granted by Congress. This requirement applies equally to the Office of the President. Here, President Biden has attempted to act through OSHA, because he cannot act directly.
Congress first created OSHA with the OSH Act of 1970. A review