1. When you study the 1905 U.S. Supreme Court case, Jacobson v. Massachusetts which upheld the authority of states to enforce compulsory vaccination laws, it was only argued under the "14th Amendment" (which brings the Bill of Rights onto the State level).
2. There was no federal 42 U.S.C. sec. 1983 statute back in 1905. A state's compulsory vaccination statute (a secondary law) violates a person's federal First, Fourth, Fifth, and Ninth Amendment rights which the federal government must protect.
3. The State's police powers derive from the Tenth Amendment which comes after the Ninth Amendment ("The enumeration in the Constitution, of certain rights, SHALL not be construed to deny or disparage others retained by the people").
4. The State's police powers are NOT absolute. Consider the following: " The police power is subject to the LIMITATIONS of the federal and State constitutions..." Black's Law Dictionary (1979), 5th ed., p. 1041. The limitations on the States are the Bill of
5. Rights (First Amendment thru Ninth Amendment). All State compulsory vaccination statutes are unconstitutional and thus are not even laws to be obeyed (of course this is were tyrannical, unlawful force comes into play like Prince George's County, MD).
6. How do I know? The U.S. Constitution, Article 6:2 "This Constitution…shall be the Supreme law of the land; …any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Laws of any state = statutory (legislation) and case law.
7. Compulsory vaccination laws are only not unconstitutional when applied to "public" schools as public education is purportedly a "privilege" and not a right. So, technically, no violation of constitutional right there. But for non-public schools to be
8. compelled to vaccinate, totally unconstitutional. This is the case in California where even private schools and private day care centers must require vaccination. Actually, even online homeschool via "public" schools require vaccination.
9. I have a friend who had to pay a doctor for a medical vaccination waiver ($200) for her child to homeschool, which is crazy to me, until I remind myself that she chose to go through a "public" school for her child's homeschool curriculum.
10. And being technical, California is NOT compelling all children of school age to be vaccinated, but that if these children want to attend "public" school (a privilege), they must be vaccinated. California does recognize non-public school-based homeschool
11. Whereby it's irrelevant if a child/student is not vaccinated, because that child is being educated at home and through a private curriculum (that may or may not conform to State educational requirements, Cal. Edu. Code 51210-51212 (1st-6th grade);
12. Cal. Edu. Code 51220-51229 (7th-12th grade). If a child's curriculum does not conform to the state requirement, California has some very powerful case law in place that protects the parent in educating their child as they see fit (many religious parents
13. in California do not conform to the state requirement). Now if the at-home parent goes through an online "public" school for homeschooling purposes, that parent must conform to the state educational requirement. Period. A contract is involved here.
14. In California, when one homeschool's with no connection to "public" school, a parent's or child's First, Fourth, Fifth, Ninth, and Fourteenth Amendment rights are NOT being violated and thus California is respecting Constitutional rights here. Therefore, in
15. California, Jacobson (1905) only applies to "public" school. Now mind you, being technical, Jacobson dealt with an entire town (community) and not public schooling as the main issue. However, the Jacobson case will come into play when the new Coronavirus
16. vaccine is ready to be administered. When this occurs, the States will rely upon Jacobson (1905) to compel compulsory vaccination of entire counties and cities of a state (the whole state), but only to go out into "public" which most people have to or
17. will want to. The Coronavirus vaccine will prevent the following: self-quarantining at home, wearing facial masks, social distancing, constantly having to wash one's hands, and the most important thing, fear from death/dying. The Coronavirus vaccine alone
18. is or will be the only thing that makes life in America go nearly 100% back to normal (the way things were before February 2020) and it is this that 'most' Americans will want and thus submit to the new toxic vaccine without hesitation.
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