Why States Can Assert that the WHO Has No Authority Over Them: Summary of the Evidence

This is a compilation of the important info I have been dropping as individual tidbits over the past few days regarding states power over health regulation.

Why Can States Assert that the WHO Has No Authority Over Them?

  •      The Tenth Amendment of the US Constitution’s Bill of Rights 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
    .” This means that the regulation of
    healthcare falls to the states.  For example, doctors, pharmacies and
    hospitals are administered by the state, not by the federal government.
  •       This is why Louisiana’s Senate unanimously passed a bill
    37 to zero telling the world that neither the WHO, the UN nor the WEF
    could assert any jurisdiction over health or any other matter in the
    state of Louisiana.
  •      This is why the Florida legislature passed a bill last year allowing the WHO no authority over the state of Florida.
  •     
    On the last full day of the Obama administration, the Department of
    Health and Human Services’ Centers for Disease Control issued a
    Final Rule that changed the definition of a Public Health Emergency of international Concern.  It was to be defined 5 ways, but 3 of those ways relied on a WHO decision.
  •      This rule was challenged in a petition
    to DHHS by 15 state Attorneys General in 2023.  They pointed out that,
    “The rule exceeds the agency’s authority and infringes on US and state
    sovereignty by unlawfully delegating to the World Health Organization
    the authority to invoke health emergency powers solely based on
    decisions of the WHO.”
  •      The AGs further noted
    that Congress’ assent would be needed to delegate such authority via
    treaty ratification to the WHO.  They assert that executive agreements,
    which “rely solely on the President’s authority in foreign relations…
    lack any domestic effect without an act of Congress,” and that the
    unratified WHO Constitution is not a binding treaty.
  •      
    Furthermore, according to the AGs, Congress approved participation with
    the WHO “with the understanding that nothing in the Constitution of the
    World Health Organization in any manner commits the United States to
    enact any specific legislative program regarding any matters referred to
    in said constitution,” referencing 22 U.S.C. 290d, while noting that
    42 U.S.C. 264 (e) warns the federal government not to preempt state powers regarding control of infectious diseases.
  •      Finally, when the US federal government signed the WHO’s amended International Health Regulations in 2006, it filed a reservation
    acknowledging the states’ rights authority over some health matters. 
    The reservation said, in part, “… these regulations to be implemented
    by the Federal Government or the state governments, as appropriate and
    in accordance with our Constitution, to the extent that the
    implementation of these obligations comes under the legal jurisdiction
    of the Federal Government.
    To the extent that such
    obligations come under the legal jurisdiction of the state governments,
    the Federal Government shall bring such obligations with a favorable
    recommendation to the notice of the appropriate state authorities.

Therefore,
there is a strong legal basis to assert that the states not only have
authority over their citizens’ healthcare regulation, but that the
federal government lacks the authority to delegate any such power to the
WHO.

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