Is requiring vaccination constitutional? (user search)
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  Is requiring vaccination constitutional? (search mode)
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Author Topic: Is requiring vaccination constitutional?  (Read 1825 times)
bedstuy
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« on: January 26, 2014, 10:17:42 PM »
Who is requiring the vaccination?  It seems like the Federal government could not, except if there was an economic, interstate commerce rationale.  But, a state definitely could under its police powers.
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bedstuy
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« Reply #1 on: January 27, 2014, 07:48:53 AM »
Quote from: Sol on January 27, 2014, 07:01:07 AM
Quote from: bedstuy on January 26, 2014, 10:17:42 PM
Who is requiring the vaccination?  It seems like the Federal government could not, except if there was an economic, interstate commerce rationale.  But, a state definitely could under its police powers.
Hasn't the commerce clause been essentially a rubber stamp for whatever the Feds want since the late 30s-early 40s?

That was true to an extent until the mid-nineties.  But, if you look at the Supreme Court Obamacare case, it's not anymore.  That case is actually pretty much on point to this situation.
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