JACOBSON v. MASSACHUSETTS (1905)
An old ruling with harsh consequences
Jacobson v. Massachusetts 197 U.S. 11 (1905) mandated vaccines during a smallpox epidemic in a local community. Zucht v. King, J. 260 U.S. 174 (1922) mandated vaccines for school in Texas even in the absence of an epidemic. Over the past few days I have come up with a way to fight anticipated universal compulsory vaccination for covid-19 and other injections. No guarantee that it would work, but I look forward to a discussion.
1) In 1905 only 1 vaccine was necessary (or pay a $5 fine-imagine that went to the Supreme Court!)(in the current panic relocation camps seem to be the punishment), 2) There was no requirement that the law had to pass strict scrutiny, 3) There were no fetal parts in that Cowpox vaccine, 4) There was no CDC-recommended 74 doses for children, 5) There was no ZERO liability for vaccine makers at the time, 6) Citing Jacobson: “The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes.” Sup. Ct. Buck v. Bell ’27, and 7) Jacobson held, that:
“The police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety. The state may invest local administrative bodies with authority to safeguard the public health and the public safety. The mode or manner is within the discretion of the state, subject only to the condition that no rule prescribed by a state, nor any regulation adopted by a local governmental agency acting under the sanction of state legislation, shall contravene the Constitution of the United States or infringe any right granted or secured by that instrument. A local enactment or regulation must always yield in case of conflict with the exercise by the general government of any power it possesses under the Constitution, or with any right which that instrument gives or secures.”
State and local governments, with the support of many courts, including the U.S. Supreme Court, justify reduced church attendance, mandatory lockdowns, business closures, and face masks by citing Jacobson. Now is the time to revisit. Jacobson is not a rubber stamp to take away all our rights guaranteed under the Constitution — even though it is being used as such.