https://www.city-journal.org/joe-bidens-anti-constitutional-vaccine-mandate
“In republican governments, the legislative authority necessarily predominates,” said James Madison. But what sort of government is it when the president thinks he can decree a nationwide vaccine mandate without the legislature’s involvement? Such a decree would seem to be more characteristic of an elective monarchy than a republic.
President Joe Biden’s vaccine mandate has been criticized for intrusively injecting the federal government into personal health decisions, for denying the existence of natural immunity (already obtained by perhaps half of the U.S. population), and for causing people who choose not to be vaccinated to lose their livelihoods (and at a time when the nation is already experiencing a shortage of workers). In short, it is being criticized as bad policy. But another problem with the mandate is that Biden thinks he can decide such policy questions unilaterally for a nation of more than 300 million ostensibly free citizens—and that so much of the country is willing to go along with his claim.
Biden’s mandate is clearly an exercise of legislative power on the part of the chief executive. As such, it marks the substitution of the arbitrary rule of one man for the republican rule of law. At the same time, it represents the substitution of federal rule for state or local rule. In other words, it undermines both the separation of powers and federalism—which together form what Madison in Federalist 51 called the “double security . . . to the rights of the people.” Biden’s assertion of power is therefore about much more than Covid vaccines. It is about whether Americans will accept having the president function as a one-man quasi-legislature or will instead demand that we revert to what Alexander Hamilton, writing in Federalist 1, called “the true principles of republican government.”