- 28 May 2020 13:51
#15094872
The Bill of Rights says a great deal about the rights of individuals, which we can thank the Anti-Federalists’ opposition during the ratification debates for. But yes, the Federalists considered the way the Constitution only granted specific powers to Congress to be sufficient protection of individual rights, and a Bill of Rights to actually be dangerous. We can be grateful they were overridden.
But in this case, the Federalists’ point stands—I know of no clause in the Constitution that grants the federal government the power to force people to be vaccinated. For states—holding the police power—it would depend on what specific limitations their state constitutions place on their governments.
quetzalcoatl wrote:There's been a mammoth amount of historical revisionism in the air when it comes to public health and state power. A couple of generations ago it was standard practice to isolate TB patients long-term in institutions. From bitter experience public health authorities knew that TB patients, unless directly monitored, would not finish their course of medication - and eventually become infectious again.
The Constitution says squat about the rights of individuals. It only specifies what Congress may not do (and by later amendment, state legislatures).
The Bill of Rights says a great deal about the rights of individuals, which we can thank the Anti-Federalists’ opposition during the ratification debates for. But yes, the Federalists considered the way the Constitution only granted specific powers to Congress to be sufficient protection of individual rights, and a Bill of Rights to actually be dangerous. We can be grateful they were overridden.
But in this case, the Federalists’ point stands—I know of no clause in the Constitution that grants the federal government the power to force people to be vaccinated. For states—holding the police power—it would depend on what specific limitations their state constitutions place on their governments.
Society cannot exist, unless a controlling power upon will and appetite be placed somewhere; and the less of it there is within, the more there must be without.
—Edmund Burke
—Edmund Burke