Where Does The Government’s Right To Require Vaccinations Come From?
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43 views • December 09, 2020
The 14th Amendment asserts that no state shall make or enforce any law abridging the privileges or immunities of citizens of the United States or deprive any person of life, liberty, or property without due process of the law[1]. The Supreme Court recognizes a 14th-Amendment guaranty of substantive due process that protects US residents against arbitrary legislative actions; this constitutional guarantee requires that legislation not be unreasonable, arbitrary, or capricious and that it have a substantial relation to the legislative objective [2]. Essentially, though, this provision demands only minimal scrutiny or rational review of the enacted legislation; the law need only be rationally related to a legitimate government purpose to be declared constitutional. Further, the Supreme Court has recognized each state’s “police power,” which gives the state authority to enact health laws of every description, including quarantine and vaccination laws, to protect its citizens [2]. In 1905 the Supreme Court addressed mandatory vaccinations in regard to smallpox in Jacobson v Massachusetts [2]. There the Court ruled that the police power of a state absolutely included reasonable regulations established by legislature to protect public health and safety.


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