NATIONAL VACCINE INFORMATION CENTER CALLS ANTI-TERROR BILL UNCONSTITUTIONAL

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NATIONAL VACCINE INFORMATION CENTER CALLS " ANTI-TERROR BILL "

UNCONSTITUTIONAL

 

March 3, 2005

Posted 1:00 AM Eastern

NewsWithViews.com

 

The National Vaccine Information Center, founded in 1982, the nation's

largest and oldest consumer led vaccine safety organization, is

attempting to get the word out about a bill introduced by Senators

Judd Gregg and Bill Frist. This bill is titled the " Protecting America

in the War on Terror Act of 2005 " (S3). According to NVIC, this piece

of legislation is an " assault on the Constitution " and represents a

serious threat in protecting the health and the right of Americans to

be fully informed if they are forced to use federally regulated

vaccines and drugs. They also maintain that this bill violates the

Tenth Amendment to the U.S. Constitution which states: The powers not

delegated to the United States by the Constitution, nor prohibited by

it to the states, are reserved to the states respectively, or to the

people.

 

Art. 1, Section 8 of the U.S. Constitution also does not authorize

Congress to legislate in the area of medical practice or health

issues, see. Linder v United States 268 U.S. 5, 18, 45 S. Ct. 446

(1925) where the court stated: " Obviously, direct control of medical

practice in the states is beyond the power of the federal government. "

Also: U.S. v Anthony, 15 F Supp. 553, 555 (S.D. Ca., 1936) and U.S. v.

Evers, 453 F. Supp. 1141, 1150 (M.D. Ala., 1978): the court stated:

" ...the direct control of medical practice has been left to the states. "

 

This bill is labeled as a anti-terror bill, said NVIC president

and co-founder, Barbara Loe Fisher, but it is power grab by the

federal government and an assault on self-governance and the informed

consent ethic.It takes away the freedom of the people to make their

voices heard through their elected state representatives and protect

themselves from unsafe drugs, such as Celebrex and Vioxx, and unsafe

vaccines, such as those that contain high levels of mercury. It gives

unprecedented liability protection to the drug industry and broad

powers to federal officials to hide the truth from the people about

vaccine and prescription drug risks.

 

Marge Hershen, who resides in Boise, Idaho, is angry about what she

calls another " phony war on terrorism " piece of legislation " that is

just another one in a long line of laws flooding out of Washington

since 9-11 stripping Americans of their rights. " She also said, " It's

time to throw out the entire Congress next election except for Ron

Paul. At the rate they're going, we won't even have the right to

elections by November 2006, all in the name of fighting the " war on

terrorism " when the real war is terrorism coming from our own

government against we the people! "

 

Major areas of concern by the National Vaccine Information Center

regarding S.3 are:

 

Eliminates a states right to more strictly regulate vaccines and

drugs and more fully inform their citizens about vaccine and drug

risks than does the federal government. Laws already passed in

California and Iowa limiting mercury content in vaccines would be

repealed.

 

Gives comprehensive liability protections to drug companies.

Eliminates a citizens right to seek justice in state courts for drug

and vaccine injuries and deaths and limits awards in federal courts.

Gives tax credits, grants and patent extensions to the drug industry.

 

Allows the Department of Health and Department of Justice, the

defendants in the federal Vaccine Injury Compensation Program, to

write the terms of their own defense in order to further limit awards

to vaccine injured children;

 

Creates and funds a mandatory, national electronic tracking system

operated by the Centers for Disease Control (CDC) to monitor vital

records of citizens relating to both notifiable and non-notifiable

diseases and new trends and patterns in public health. Creates

penalties for states and health care providers not reporting in a

timely manner to the national tracking system. There are no

provisions for mandatory reporting of serious health problems

following vaccine and prescription drug use or punishments for not

reporting serious side effects.

 

S. 3 is being promoted by sponsors as a military veteran benefit bill

because it raises the death benefits and other financial support for

the families of soldiers who lost their lives in the war in Iraq.

 

The irony of this bill is that it is using the families of citizens

who have given their lives to defend our nations freedom in order to

take rights and freedoms away from other families. Military veterans

should not be used to protect the drug industry and take away the

freedom for all Americans to have their voices heard through their

elected state representatives, said Fisher. In his Inaugural speech,

President Bush said there is no justice without freedom. This bill

is does not serve justice or freedom.

 

A synopsis of this bill can be read at:

www.NVIC.org/ActionAlerts/SB3Summary.htm