"Only Congress can make vaccine mandates, not the President," Dershowitz told Saturday's "America Right Now." "After all, the Constitution says, quote, 'all legislative powers shall be vested in Congress,' and then it says 'they can make all laws that may be necessary.'"
"The Constitution does not give the president the power to make laws and this mandate either makes law or it interprets the OSHA law very, very broadly."
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Dershowitz's book "The Case for Vaccine Mandates" gave a blueprint on how to constitutionally impose the laws the Biden administration has moved to enact through its Occupational Safety and Health Administration (OSHA) mandate on businesses, which is now before the Supreme Court.
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"I predicted in my book that the mandate would be upheld if it were enacted by Congress properly, with exceptions, but it might very well not be upheld if it was simply issued by the president," Dershowitz told host Tom Basile. "The executive authority, the president, has the right to enforce the law, not make the law."
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As the Supreme Court considers the Biden vaccine mandate through OSHA, Dershowitz urged Congress to function where the President and his officials have fallen.
"The Constitution anticipated there would be errors and they said, if there are going to be errors, Congress has to evaluate the conflicting data," Dershowitz went on. "Congress, the voice of the people, votes as to which side prevails in a dispute, but the Constitution doesn't give the president the power to make that decision."
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While executive actions can be justified under emergency orders, Dershowitz claims the immediacy of the COVID-19 pandemic should no longer apply.
"In terms of emergencies, some of the worst decisions in our history were made based on the claim of emergency," he announced.
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"We've had COVID now for two years. Congress has had an opportunity to act on emergencies constitutionally, or when there is no opportunity for Congress to act," he went on.
"So the emergency argument goes much too far and has been used much too often to justify executive actions that should rightfully be made by Congress."
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Many companies, including Lowe's and Target, have publicly announced they would abide by any federal vaccine mandate and were taking measures to meet it, though stopped short of coming out with their own requirement. General Motors stated in an email to The Associated Press Friday that it "stands firmly in support" of COVID-19 vaccinations, and that it was reviewing the rules "with multiple internal and external stakeholders."
"GM continues to encourage employees to get vaccinated given the broad availability of safe and highly effective vaccines, which data consistently show is the best way to protect yourself and those around you," General Motors announced.
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