Vaccine Mandate Precedent: Jacobson v. Massachusetts

[Old Rocks]

That was local and state government, there is no federal mandate.

And there are huge differences as COVID has a survival rate of 99.98%, and millions now have a natural immunity to COVID; an immunity superior to any vaccine-provided immunity.

As it says in Jacobson:

It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine.​

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

Jacobson v. Massachusetts: A state may enact a compulsory vaccination law, since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. The legislature may exempt children from the law without violating the equal protection...

supreme.justia.com

Neither case you present touches on any federal mandate.

Why the lie? We have had 42.479,780 cases of Covid in the US and 685,023 deaths. That is a death rate of 1.6%. Already the lies that Trump told concerning the virus have resulted in at least 500,000 excess deaths of Americans.

 

[Skylar]

Yea it does.

On what basis are you claiming otherwise?

The courts affirmed vaccine mandates in Jacobson.

""It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health. "

So what was determined to be unconstitutional exactly?

 

[Lesh]

The courts affirmed vaccine mandates in Jacobson.

""It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health. "

So what was determined to be unconstitutional exactly?

I think you are agreeing with me.

Vaccine mandates have been ruled to be constitutional

 

[Skylar]

I think you are agreeing with me.

Vaccine mandates have been ruled to be constitutional

You replied to this statement: Isn't constitutional.....according to who?

Its the 'isn't' part where I'm a little confused. If you're agreeing with me, then what isn't constitutional?

I think we may be talking past each other.

 

[Old Rocks]

Too bad this experimental treatment for covid isn't a real vaccine. The so-called vaccinated still spread the virus and still get sick from it. You folks will have to find another path to oppression.

What a fucking dummy you are.

These charts show that COVID-19 vaccines are doing their job

COVID-19 shots may not always prevent infections, but for now, they are keeping the vast majority of vaccinated people out of the hospital.

www.sciencenews.org

 

[Skylar]

What a fucking dummy you are.

These charts show that COVID-19 vaccines are doing their job

COVID-19 shots may not always prevent infections, but for now, they are keeping the vast majority of vaccinated people out of the hospital.

www.sciencenews.org

There's a level of stupid that's not worth responding to, Rocks. Rogue is balls deep in batshit.

 

[Old Rocks]

There's a federal mandate to employers, which is even worse. Do we really want employers to be vaccine cops?

Yes. Why should some ignorant asshole be allowed to expose his co-workers to a deadly disease.

 

[Rogue AI]

Why the lie? We have had 42.479,780 cases of Covid in the US and 685,023 deaths. That is a death rate of 1.6%. Already the lies that Trump told concerning the virus have resulted in at least 500,000 excess deaths of Americans.

The asymptomatic are not included in your numbers. Unless you expect anyone to believe they comprise less than 1% of the total population, the survivability exceeds 99%.

 

[Rogue AI]

What a fucking dummy you are.

These charts show that COVID-19 vaccines are doing their job

COVID-19 shots may not always prevent infections, but for now, they are keeping the vast majority of vaccinated people out of the hospital.

www.sciencenews.org

Yet you are the idiot that thinks an experimental treatment that doesn't stop the spread of a virus nor protect the recipient from getting sick from said virus is a vaccine. Rarely is such stupidity aired so openly. Bravo!

 

[Skylar]

Yet you are the idiot that thinks an experimental treatment that doesn't stop the spread of a virus nor protect the recipient from getting sick from said virus is a vaccine. Rarely is such stupidity aired so openly. Bravo!

An expermimental treatment....according to who> Doesn't protect the recipient....according to who?

 

[Rogue AI]

An expermimental treatment....according to who> Doesn't protect the recipient....according to who?

The thousands of breakthrough cases that have been well documented.

 

[TemplarKormac]

And where did the USSC find that OSHA is unconstitutional?

When one branch of the government supersedes the power of another through action, the action itself is unconstitutional.

We call it the separation of powers.

Congress is getting no say so in the operation of OSHA, yet they passed it. The Executive branch is allowing OSHA to craft regulations without the input of Congress. Meaning that the executive, by proxy, is passing legislation.

All you need do is look at the Alvarez decision. Also, take what Madison said in Federalist 47:

“The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.”

We are allowing one branch to take on the role of another, which is not what the founders intended.

The executive is not enforcing anything, either, it is allowing an agency to essentially pass legislation without any restrictions on its behavior by the Executive, thereby allowing OSHA to effectively be a branch of government in and of itself.

The very reasoning of the founders themselves renders OSHA's very existence unconstitutional.

 

[Lesh]

You replied to this statement: Isn't constitutional.....according to who?

Its the 'isn't' part where I'm a little confused. If you're agreeing with me, then what isn't constitutional?

I think we may be talking past each other.

I don't have a clue what your point is.

Vaccine mandates have been rules to be Constitutional as per the OP

 

[Lesh]

The thousands of breakthrough cases that have been well documented.

As has the fact that the VAST majority of infections, hospitalizations, and deaths since January have occured among the unvaxxed

 

[Rogue AI]

I don't have a clue what your point is.

Vaccine mandates have been rules to be Constitutional as per the OP

Then why is Biden attempting to push it through OSHA instead of by executive order?

 

[Rogue AI]

As has the fact that the VAST majority of infections, hospitalizations, and deaths since January have occured among the unvaxxed

That is actually irrelevant in claiming something is a vaccine when it does absolutely nothing a vaccine is intended to do.

 

[TemplarKormac]

I don't have a clue what your point is.

Vaccine mandates have been rules to be Constitutional as per the OP

The OP is not a constitutional authority.

 

[OKTexas]

Skylar My mistake it was federalist 45 I was thinking of.

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. -James Madison Federalist 45

Any judge that places their opinion above the expressed intent of the founders has no business on the bench.

.

 

[OKTexas]

All federal laws and regulations are enforced by the Executive branch, fool!

Congress writes the laws, the Executive enforces them.

Only the ones they approve of evidently.

.

 

[TemplarKormac]

Skylar My mistake it was federalist 45 I was thinking of.

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. -James Madison Federalist 45

Any judge that places their opinion above the expressed intent of the founders has no business on the bench.

.

Oh my, that changes the entirety of our slugfest, then.