For Vaccine Safety
Posted 06-19-2017 at 11:17 PM by katjonjj
Quote:
Originally Posted by markg91359
State governments and the federal government do not have general vaccination laws.
However, your point apparently is that they lack the power to compel vaccination. You could not be more mistaken.
The Supreme Court decided Jacobson v. Massachusetts, 197 US 11 (1905) and Zucht v. King, 260 US 174 (1922). The two cases make it clear that state governments could mandate compulsory vaccination for their citizens under the police powers they possess to regulate the health, welfare, and safety of citizens within the community.
In Jacobson, an adult was ordered to obtain a small pox vaccination to help stop the spread of small pox in his community. He refused and was fined for not doing so. The Supreme Court upheld this decision. Zucht v. King dealt with the right of a state or city to exercise this power when a disease epidemic was not present.
States tend to shy away from such laws because most preventable diseases are best prevented by immunizing school age children. However, nothing prevents them from requiring the same from an adult population.
I sometimes ponder why some people get their minds wrapped around the mistaken idea that our system and Constitution allow people to do anything they want under the claim of "freedom". The Constitution and our laws are not about giving everyone freedom to do anything that they want. Its about striking a balance between freedom and the needs of society to protect its health, welfare, and safety. The courts have recognized that in a long series of decisions that actual predate the founding of the United States of America.
However, your point apparently is that they lack the power to compel vaccination. You could not be more mistaken.
The Supreme Court decided Jacobson v. Massachusetts, 197 US 11 (1905) and Zucht v. King, 260 US 174 (1922). The two cases make it clear that state governments could mandate compulsory vaccination for their citizens under the police powers they possess to regulate the health, welfare, and safety of citizens within the community.
In Jacobson, an adult was ordered to obtain a small pox vaccination to help stop the spread of small pox in his community. He refused and was fined for not doing so. The Supreme Court upheld this decision. Zucht v. King dealt with the right of a state or city to exercise this power when a disease epidemic was not present.
States tend to shy away from such laws because most preventable diseases are best prevented by immunizing school age children. However, nothing prevents them from requiring the same from an adult population.
I sometimes ponder why some people get their minds wrapped around the mistaken idea that our system and Constitution allow people to do anything they want under the claim of "freedom". The Constitution and our laws are not about giving everyone freedom to do anything that they want. Its about striking a balance between freedom and the needs of society to protect its health, welfare, and safety. The courts have recognized that in a long series of decisions that actual predate the founding of the United States of America.
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