USANews版 - LEGAL AUTHORITIES—CONSTITUTIONAL BASIS OF MANDATORY VACCINATIO |
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s****7
发帖数: 2507 | 1 The first state law mandating vaccination was enacted in Massachusetts
in 1809; in 1855, Massachusetts became the first state to enact a
school vaccination re-quirement. The constitutional basis of vaccination
requirements rests in the po-lice power of the state. Nearly 100 years ago,
the U.S. Supreme Court issued its landmark ruling in Jacobson v.
Massachusetts, upholding the right of states to compel vaccination. The
Court held that a health regulation requiring small- pox vaccination was a
reasonable exercise of the state’s police power that did not violate the
liberty rights of individuals under the Fourteenth Amendment to the U.S.
Constitution. The police power is the authority reserved to the states by
the Constitution and embraces “such reasonable regulations established di-
rectly by legislative enactment as will protect the public health and the
public safety”
In Jacobson, the Commonwealth of Massachusetts had enacted a statute that
authorized local boards of health to require vaccination. Jacobson
challenged his conviction for refusal to be vaccinated against smallpox as
required by reg-ulations of the Cambridge Board of Health. While
acknowledging the potential for vaccines to cause adverse events and the
inability to determine with absolute certainty whether a particular person
can be safely vaccinated, the Court spe-cifically rejected the idea of
an exemption based on personal choice.
To do otherwise “would practically strip the legislative department of its
function to [in its considered judgment] care for the public health and the
public safety when endangered by epidemics of disease” (197 U.S. at 37, 25
S.Ct. at 366). The Court elaborated on the tension between personal freedom
and public health inherent in liberty: “The liberty secured by the
Constitution of the United States to every person within its jurisdiction
does not import an absolute right in each person to be, at all times and in
all circumstances, wholly freed from restraint. There are manifold
restraints to which every person is necessarily subject for the common good.
On any other basis organized society could not exist with safety to its
members” (197 U.S. at 26, 25 S.Ct. at 361). | s****7
发帖数: 2507 | 2 The Court held that a health regulation requiring small- pox vaccination was
a reasonable exercise of the state’s police power that did not violate the
liberty rights of individuals under the Fourteenth Amendment to the U.S.
Constitution. The police power is the authority reserved to the states by
the Constitution and embraces “such reasonable regulations established di-
rectly by legislative enactment as will protect the public health and the
public safety”
the Court spe-cifically rejected the idea of an exemption based on
personal choice. To do otherwise “would practically strip the legislative
department of its function to [in its considered judgment] care for the
public health and the public safety when endangered by epidemics of disease
” | m******n
发帖数: 6327 | 3 police power 治安保卫权
是州权，不是联邦权。所以这个 medical insurance mandate凭借的是commerce power。
Massachusetts
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【在 s****7 的大作中提到】
: The first state law mandating vaccination was enacted in Massachusetts
: in 1809; in 1855, Massachusetts became the first state to enact a
: school vaccination re-quirement. The constitutional basis of vaccination
: requirements rests in the po-lice power of the state. Nearly 100 years ago,
: the U.S. Supreme Court issued its landmark ruling in Jacobson v.
: Massachusetts, upholding the right of states to compel vaccination. The
: Court held that a health regulation requiring small- pox vaccination was a
: reasonable exercise of the state’s police power that did not violate the
: liberty rights of individuals under the Fourteenth Amendment to the U.S.
: Constitution. The police power is the authority reserved to the states by
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