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The Scope of the State's Power in Matters Affecting Health: The Case of Jacobson v. Massachusetts 1905 The Scope of the State's Power in Matters Affecting Health:
the report is concluded with some recommendations. Brief on SAARC The idea of regional cooperation in South Asia was first mooted in May 1980. The foreign secretaries
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government ceases to promote those ends it is the right of the people to alter or abolish it; 3. it listed grievances most having to do in important respects with
Submitted by baps52001 on November 22, 2005
Category: American History
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The Scope of the State's Power in Matters Affecting Health: The Case of Jacobson v. Massachusetts 1905
The federal government does not have the explicit power to regulate public health so it bases its regulations on the federal government's exclusive ability to regulate interstate commerce. As an illustration of this power, there is a famous case - we will call it the fried chicken case - where the federal government was able to end a practice which forbid African Americans from buying food at a fried chicken restaurant a southern state in the 1960's. The Greyhound buses would stop at this restaurant for a break for the drivers. The federal government came in and said that the sale of chicken at the restaurant affected interstate commerce. Therefore, the federal government, and not the state, could control whether or not African Americans were allowed to eat there.
States base their control over public health matters on their police powers. State police powers have been upheld in many public health situations from food inspection to health professional licensure, to mandatory vaccination, to fluoridation of water to restaurant inspections. The controversy brews when individual rights are at issue. When does the state have the authority to abridge one's individual or constitutional rights? The Courts weigh the purpose of the law against the individual's rights. Individual rights (also called civil rights) are not absolute. For example, the First Amendment to the US Constitution provides for freedom of speech. However, the courts have well established that while you have a right to free speech your right to free speech ends when that speech endangers others. In other words, you can't yell fire in a crowed theater.
Mr. Jacobson believed that the scientific basis for vaccination was unsound and that he would suffer if he was vaccinated. The Massachusetts Supreme Court found the statute consistent with the Massachusetts state...
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