Congress has two types of jurisdiction under which it can pass laws. The first is subject matter jurisdiction and the second is geographic. We know that nowhere in the US Constitution is Congress granted subject matter jurisdiction over workplace safety and health. Carrying out workplace safety and health functions is also not a power related to any of Congress’ other delegated powers under the necessary and proper clause.
When we turn to the text of the OSH Act we see clearly that the plain text of the Act limits the Act to areas over which Congress has exclusive legislative jurisdiction. The OSH Act is clearly written to be constitutional as its text is consistent with it being limited to Congressional geographic jurisdiction.
From the 1970 Act: SEC. 3. Definitions For the purposes of this Act (7) The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.
Using rules of statutory construction we see that all of the areas listed for a category (under the broad legal term includes) of areas over which Congress exercise exclusive legislative jurisdiction. The Act nowhere mentions the 50 states. There is no authority granted in the Act for OSHA to operate within the 50 states on land that belongs to the 50 states. There is no authority in the Act for the 50 states to operate a state plan as the 50 states are not included in the Act’s definition of the term State.
When constitutional do so Congress passes legislation that addressed the 50 states. Here are what definitions in federal law that applies to the 50 states of the Union look like:
5 USC § 7103(18) “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
7 U.S.C. § 6202(15) State and United States The term – (A) “State” means each of the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and (B) “United States” means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
26 USC § 4612(4) United States (A) In general The term “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
49 USC § 13102(21) State.— The term “State” means the 50 States of the United States and the District of Columbia.
In each case the 50 States are specifically called out. We may colloquially refer to the states of the Union as ‘states of the United States’ but in law they are not as they do not belong to the United States since they created the United States and are superior to it. A created entity cannot be greater than the creator.
We also know from the Supreme Court that Congress has no police powers (general safety and health powers) like the states of the Union do, but only limited and well defined delegated powers from the states.
The bottom line is that the OSHA Act is a federal territorial law which has been mal-applied to the 50 states in an unconstitutional manner. The governors of the 50 states are not authorized by the Act to apply for and run a state plan or receive funds to do so. These are all crimes which have been colluded upon by the states and federal government.
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