S1287 should be amended

Both the US and Idaho Constitutions exist to protect the rights of the people by CONSTRAINING government. The government has no rights –  only people do. This bill would grant the legislature the authority to do ALL things which is unconstitutional as per Article 1, Section 1 of the Idaho Constitution.
THIS BILL WILL BE HEARD Feb 21, 2024, in the Senate Health and Welfare Committee.

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Public Testimony Will Be Taken by Registering Through the Following Link:
Register to Testify

TAKE A MOMENT TO CONTACT THE SENATE HEALTH AND WELFARE COMMITTEE:
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Listen to the Discussion:

For members of the public to observe the meeting, please click on the following link:
https://www.idahoptv.org/shows/idahoinsession/ww54/

CONSTITUTIONAL PROTECTIONS

Nowhere do the US or Idaho Constitutions say that any branch of govt has the right to dictate the health behavior of individuals. In fact, Article 1, Section 1 of the Idaho Constitution specifically states: INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.

The CDC and state health departments were created to ensure a clean environment. They do not have the power or authority to dictate individual health behavior. In fact, they were created to control contaminated, toxic or infected animals and articles and effluent, toxic emissions, and waste.

When has IDHW EVER mandated the health behavior of Idahoans?

IDHW has never issued individual health mandates because it does not possess the power or authority to do so.

Senate Bill 1287 would grant the legislature the authority to do ALL things which is unconstitutional as per Article 1, Section 1 of the Idaho Constitution.

As written, this bill would presume to take power from the executive branch and grant it to the legislative branch but neither branch possesses that authority – both are wrong and unconstitutional.

As written, the language now states that no mandates from HHS or IDHW will have any effect without an affirmative vote of both chambers of the Idaho legislature. Conversely, this means that with an affirmative vote, the Idaho legislature has the power to authorize ANY and ALL mandates from HHS, CDC, and IDHW. This is patently absurd.

Proposal

1) We support subsection (1) of what would be the new §39-7301, but not subsections (2) and (3).

2) We believe the remaining subsections (2) and (3) of SB 1287 violate the Idaho Constitution and confer authority to the Idaho legislature which it cannot possess, and as such, should be stricken.

3) We would support a bill using the following language:

United States Centers for Disease Control and Prevention and World Health Organization; Jurisdiction.  The United States Centers for Disease Control and Prevention and the World Health Organization shall have no jurisdiction in Idaho. The state and its political subdivisions, including, but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities, shall not engage in the enforcement of, or any collaboration with the enforcement of, any requirements, mandates, recommendations, instructions or guidance provided by either organization. Furthermore, any requirements, mandates, recommendations, instructions, or guidance by either organization shall not be used in this state to justify any mask, vaccine or medical testing requirements and shall have no force or effect in Idaho.