Climate Change Project

Table of Contents



Vaccine Law/Police Power

Study Guide for Jacobson v Massachusetts 197 U.S. 11, 49 L. Ed. 643, 25 S. Ct. 358 (1905)

Key administrative law issues: what is the agency, what are the rules at issue, where did the agency get the power to make those rules, does the defendant get to contest the provisions of the rules, and what sort of penalty does the defendant suffer for violating the rule? How is this case relevant to your life, post 9/11/01?

Why did the state have smallpox vaccination laws?
Had the SC ruled on vaccinations before?
Did all states have a mandatory vaccination law?
Did any of the states forcibly vaccinate people?
Why did defendant claim compulsory vaccination was not necessary?
Why did defendant claim a compulsory vaccination law is unconstitutional?
What was the defendant's specific problem?
Was there an exception for defendants with medical problems?
What is the equal protection claim?
What is the due process claim?
Why does the state say the 5th amendment does not apply?
Why should the defendant not be able to put on testimony about the efficacy of vaccination?
Why is it more just to allow the health department to make the rules?
What is the State's response to defendant's claims of special risk?
What is the purpose of the Preamble?
What about the claim that this law violates the spirit of the Constitution, if not its words?
What were the defendant's points in the state case?
Is the state courts rejection of defendant's proof a federal question?
What is the question considered by the Court?
What is the police power?
Does defendant have a right to be free of bodily intrusion?
Why is this an unreasonable position?
Was this an absolute, vaccinate everyone all the time law?
What is community self-defense?
Was there smallpox in Mass?
What quarantine example does the Court give?
What other example?
What about the exception for children?
Is the defendant entitled to a day in court?
What is the call for judicial restraint?
Did the court address the efficacy of vaccination?
What is the legal significance of all the info on vaccination?
What was the claimed the risk to the defendant?
How did the defendant screw up?
What is the free rider language?
Is there a limitation on the police power?
What does the court read into the legislation?
What if the defendant has a religious objection to vaccination?

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