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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 state’s 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 citizen’s 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 nation’s 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

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Gives comprehensive liability protections to drug companies. Eliminates a citizen’s 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.