The Licensing of Professionals by The States Is An Intolerable Unconstitutional Abuse Which Must Be Prohibited

Jan 23, 2023

Clifford Ribner
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Whenever the government does anything unconstitutional, terrible violence to the citizens results. This abomination, this forcing of professionals to violate their Hippocratic oath and spout lies on behalf of the state, is exactly the sort of thing that happens.

The mandatory licensing of professionals of all kinds, licensing which was unknown when the Republic was formed, by the states (or by the federal government), is a direct violation of multiple Constitutional rights of all citizens, including the right to liberty of contract expressly preserved and guaranteed to the citizens in the Constitution’s Article I §10 as the single individual liberty preserved in the text of the original Constitution, prior to the Bill Of Rights amendments, the right to contract with anyone else to perform services that the person purchasing the services desires. 

Additionally, that right of all citizens to freely practice their chosen profession without interference by the state of any kind (subject, of course, to the Common Law, including the Law of Torts), cannot be violated/prohibited by states refusing to grant licenses, and by demanding any action (such as passing tests, complying with the dictates of profession-supervising boards, or paying any fees) by citizens in order to obtain such licenses.

All states’ licensing of professionals must be eradicated and abolished immediately because it is completely unconstitutional, just like it would be unconstitutional for any government to license people to speak or practice their religion. 

Long-standing Supreme Court cases leave no doubt about that, that the right to practice your profession, to conduct your business, is an inalienable aspect of your right to “pursue happiness,” an inalienable, natural right delineated in the Declaration of Independence and protected under the Due process clause of the 14th Amendment from being interfered with by states without actual due process, prior conviction of a felony, not permission-granting licensing. 

If you doubt me, here are direct quotes from Allgeyer v. State of La., 165 U.S. 578, 590, 17 S. Ct. 427, 431, 41 L. Ed. 832 (1897), quoting with approval from prior Supreme Court cases:

“…In Butchers’ Union Slaughterhouse Co. v. Crescent City Live-Stock Landing Co., 111 U. S. 746, at page 762, 4 Sup. Ct. 657, in the course of his concurring opinion in that case, that ‘the right to follow any of the common occupations of life is an inalienable right. It was formulated as such under the phrase ‘pursuit of happiness’ in the Declaration of Independence, which commenced with the fundamental proposition that ‘all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, *590 liberty, and the pursuit of happiness.’ This right is a large ingredient in the civil liberty of the citizen.’ Again, on page 764, 111 U. S., and on page 658, 4 Sup. Ct., the learned justice said: ‘I hold that the liberty of pursuit-the right to follow any of the ordinary callings of life-is one of the privileges of a citizen of the United States.’ covered by the word ‘liberty,’ as contained in the fourteenth amendment….

“Again, in Powell v. Pennsylvania, 127 U. S. 678, 684, 8 Sup. Ct. 995, 1257, Mr. Justice Harlan, in stating the opinion of the court, said: ‘The main proposition advanced by the defendant is that his enjoyment upon terms of equality with all others in similar circumstances of the privilege of pursuing an ordinary calling or trade, and of acquiring, holding, and selling property, is an essential part of his rights of liberty and property, as guarantied [sic] by the fourteenth amendment. The court assents to this general proposition as embodying a sound principle of constitutional law.’ “

 Allgeyer v. State of La., 165 U.S. 578, 590, 17 S. Ct. 427, 431, 41 L. Ed. 832 (1897)

In response to: State Moves to Revoke Dr. Ryan Cole’s License for Prescribing Ivermectin, COVID-19 Vaccine Comments

 

 

 

 


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