Biden Administration Violating Sherman Antitrust Laws

     The Biden Administration is not the first to attempt controlling commerce in the history of the United States. The “Men Who [allegedly] Built America” did the same thing unopposed for decades before courageous, and morally upright journalists like Ida M. Tarbell exposed the monopolies for what they were.  The Biden administration has set a new standard for unconstitutionally centering power over commerce within the federal government.” The inconvenient Truth is that this is illegal:

     “The government has no constitutional power to enact any legislation as will make it possible for any combination of individuals to so limit the volume of production in any natural field for its own particular advantage, or so create conditions that any individual or combination of individuals may have despotic power over the lives of any citizen or number of citizens.”

     “These great combinations are an assault upon the inherent and constitutional rights of the citizen, and that the real and vital advantage to be gained is the despotic control over labor – virtually to own and command the labor engaged in any particular field, and consequently it is an assault upon the portion of the people. If one field may be invaded and reduced to despotic dictation, all may be, and the logical outcome must be the conquest of all fields of production, the establishment of a despotism in each, the enslavement of the people, overthrow of our free institutions, and the establishment of the moneyed aristocracy. Thus would our free institutions become a fraud and a pretense, our government perverted, and only used as a machine to enforce the will of the dictators.” – John W. Hayes: A Union Leader’s View [of] The Trusts in America; September, 1899; Annals Vol. 12, p. 287

“When lawful associations adopt and further unlawful purposes and do unlawful acts – the associations themselves become unlawful. The evil, as well as the unlawfulness, of the act of the defendants consists in this: that, until certain demands of theirs were complied with, they endeavored to prevent, and did prevent, everybody from moving the commerce of the country.

     It is the successful effort of the combination of the defendants to intimidate and overawe others who were at work in conducting or carrying on the commerce of the country in which the court finds their error and violation of the statute. One of the intended results of their combined action was the forced stagnation of all commerce which flowed [throughout the country]. This intent and combined action are none the less unlawful because they included in their scope the paralysis of all other business within the [nation] as well. For these reasons I think the injunction should issue.” – Edward C. Billings: Labor and the Antitrust Laws, 1890; Annals Vol. 11, p. 436

Although United States v. Workingmen’s Almagamated Council of New Orleans, et al addressed whether labor unions were to be subject to the terms of The Sherman Antitrust Law of 1890 (they were found to be), I contend that the Biden Administration has acted with the same unlawful intent and combined actions and with the intent of paralyzing the economy of the United States. It appears an a priori argument that the Biden Administration has illegally acted in restraint of trade exactly as the illegal actions by the labor union in this case show. 

The Chief Justice of the U.S. Supreme Court Charles Evan Hughes decided in much the same vein against President Franklin D. Roosevelt when he overstepped his constitutional limits by implementing the New Deal (Poultry Corporation v. United States, May 27, 1935 – a date known as “Black Monday”).  Chief Justice Hughes stated “Extraordinary conditions do not create or enlarge constitutional power.” 

I also submit President Obama’s nationalism of the Health Industry violated the Sherman Antitrust Act of 1890 in that the Act prohibits “restraint of trade or commerce among the several states, and that while the U.S. government has authority over interstate commerce, it does not over manufacturing” (United States v. E.C. Knight Company; 156 U.S. 1).  The Biden administration has furthered that violation by dictating health “policies” that severely restrain trade or commerce among the several states”, i.e. monopolizing the availability of medicines by buying up the supplies of such therapeutics and treatments for COVID and subsequent illnesses to prevent through intimidation the free exercise of commerce in such products.  

     It also specifies “among the several states.” This one phrase makes it illegal for Big Pharma and Congress to prohibit interstate transfer of life or medical insurance when an employee changes employment. That one change would have increased competition and dropped costs to the consumer dramatically. Instead we got Obama Care. 

About Mike

Former Vietnam Marine; Retired Green Beret Captain; Retired Immigration Inspector / CBP Officer; Author "10 Years on the Line: My War on the Border," and "Collectanea of Conservative Concepts, Vols 1-3";
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