Constitutional Law Analysis Of Forced Vaccination

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Excerpt from Introduction (footnotes omitted)

I. QUESTION PRESENTED

Is It Lawful For Government Powers In A Republic, Like The United States, To Force Vaccination or Quarantine In The Event Of Declared Martial Law, War, Outbreak or Pandemic?

II. BRIEF ANSWER

No, in a Republic, the individual rights of humans to be “peacefully natural” categorically defeat a government‘s emergency powers, unless the government can lawfully establish any of the following:

(a) Right of self defense via police power – By one view, the right of self-defense can only be proven through a person-by-person inquiry. Courts here examine whether the physical danger of communicable disease is so potent that another individual in causal proximity to the infected individual would have the lawful right to immediately immobilize or kill the specific infected individual, without trial, as a matter of reasonable self-defense.

However, there is another view that goes even beyond self-defense, claiming the State “police power” allows government wide discretion to preemptively promote “the public health” through “reasonable means.” Unfortunately, tyrannical governments have routinely abused this latter view (especially in the last century) to justify mass quarantines of unpopular groups, indefinite detentions of the ill, and nonconsensual medical procedures. Accordingly, barring a civil and intellectual revolution of law in the present generation, it is expected that modern military-medical establishments will continue to define “police power” in a self-serving manner. This means that where panic deems it expedient, most governments will invoke mandatory quarantines, forced vaccinations, and non-consensual medical procedures, regardless of dissent that questions their lawfulness.

(b) Legitimate prisoners – this is a generalized inquiry, where the individuals are already legitimate prisoners or detainees (consistent with due process of law) for crimes other than simply refusing vaccination, and the circumstances of their incarceration or detainment pose a material threat of disease communicability; or

(c) Enters government property or populated public area – this is a person-by-person inquiry, where the individual enters (or expressly states an intention to enter) government property (such as a public building or park, other than natural lands / wilderness) or a populated public area in a manner posing a material threat of disease communicability.

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