The Constitutional Protections Against the World Health Organization’s Pandemic Treaty

There have been understandable concerns about the WHO’s pandemic treaty. Because of these concerns, I researched the existing constitutional protections in place that can be applicable to this treaty. Here are my main reassuring findings.

The US Constitution Supersedes International Treaties

A Supreme Court case by the name of Reid v. Covert led to amazing protections against tyranny for U.S. Citizens. This case established that the Constitution supersedes international treaties. In the past two years the Supreme Court and Appeals Courts have struck down federal vaccine mandates that were unconstitutional, such as vaccine mandates for private businesses and most government workers at the federal level. Because of Reid v. Covert, this also applies for international treaties and other treaties that are unconstitutional. This is an excerpt from The Liberty Beacon: “Article VI of the Constitution only provides that treaties can be considered equal to U.S. statutes and laws when considered by the Court. However, they cannot be used to alter the U.S. Constitution, or to deny Constitutional rights to American citizens, or to the American states. Therefore, even if the U.N. Small Arms Treaty is finalized, signed by the President, and ratified by the U. S. Senate, it would not take away the rights of Americans to keep and bear arms under the provisions of the 2nd Amendment to the Constitution.”

The World Health Organization is Largely Against Vaccine Mandates

While the WHO has advocated for many authoritarian policies, the organization has not endorsed vaccine mandates. Other methods of increasing vaccine rates are encouraged, and mandates according to the WHO should only be implemented as a “last resort”. The organization has also stated that mandates, if implemented, should not be used to deny social or health opportunities and services. While this stance is not completely ideal due to the risks of vaccines and mass vaccination, countries like Iceland had high vaccination rates without implementing vaccine mandates. I wrote about this in a separate article about the problems with Biden’s vaccine mandates for healthcare workers that receive federal funding.

Links:
Reid v. Covert
https://supreme.justia.com/cases/federal/us/354/1/

US Supreme Court blocks Biden’s workplace vaccine mandate
https://www.bbc.com/news/world-us-canada-59989476

The Federal Employee COVID Vaccine Mandate Remains Blocked, After Appeals Court Ruling
https://www.govexec.com/management/2023/03/federal-employee-covid-vaccine-mandate-remains-blocked/384413/

Treaties Vs. The Constitution
https://www.thelibertybeacon.com/treaties-vs-the-constitution/

WHO cautions against mandatory vaccination
https://www.politico.eu/article/who-cautions-against-mandatory-vaccination/

Why Iceland Is Fighting A COVID Surge Without Vaccine Mandates
https://worldcrunch.com/coronavirus/covid-vaccine-mandate-iceland

Biden Admin’s Vaccine Mandate for Healthcare Workers and Other Mandates Go Against Existing Laws and Are Ineffective

Declan Rogers
Declan Rogers
Declan Rogers was born in New York, raised in Los Angeles and now calls Colorado home. He is currently a researcher in Colorado.

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