Is requiring vaccination constitutional?

[Sol]

In previous discussions on the matter of vaccination, several posters (myself included) have expressed support of mandatory vaccination. Would such a requirement be constitutional?

[bedstuy]

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.

[Sol]

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?

[bedstuy]

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.

[MasterJedi]

Should be required for all the major diseases (not for the flu) or at least make it first degree murder for the parents who let their unvaccinated children infect and kill other children. There was a great opinion piece in the Milwaukee Journal-Sentinal about it too from someone who wasn't vaccinated and their parents were naturalist health nuts, you get everything and leave you very sickly, and they don't give you autism or anything like that either.

[7,052,770]

Yes. I found out this week Mississippi is one of only 2 states that do not permit any exceptions to the "you must have these vaccinations to enroll in public school" rule.  I was flabbergasted and floored (in the good way of course) at how awesome Mississippi is on this issue.

[New_Conservative]

Yes it should be constitutional, based on protecting public health.

[Bacon King]

Should be required for all the major diseases (not for the flu) or at least make it first degree murder for the parents who let their unvaccinated children infect and kill other children. There was a great opinion piece in the Milwaukee Journal-Sentinal about it too from someone who wasn't vaccinated and their parents were naturalist health nuts, you get everything and leave you very sickly, and they don't give you autism or anything like that either.

Involuntary manslaughter you might have a case for. Good luck arguing that a kid dying because he caught something from another kid whose parents didnt vaccinate him was intentional and planned in advance by those parents, though

[Хahar 🤔]

Yes. I found out this week Mississippi is one of only 2 states that do not permit any exceptions to the "you must have these vaccinations to enroll in public school" rule.  I was flabbergasted and floored (in the good way of course) at how awesome Mississippi is on this issue.

Southern states tend to be best in this regard, since they're least susceptible to hippie garbage.

[Bojack Horseman]

I think so, as protecting public health is usually considered a valid state interest. I think it should be uniform across the country that you should have no choice but to vaccinate your child with no exceptions at all.

This hoohah that vaccines cause autism is just that, it's been disproven time and again, and yet people like Jenny McCarthy still keep parroting the same factless talking points over and over, so less parents vaccinate and more and more kids get sick.

[DC Al Fine]

Should be required for all the major diseases (not for the flu) or at least make it first degree murder for the parents who let their unvaccinated children infect and kill other children. There was a great opinion piece in the Milwaukee Journal-Sentinal about it too from someone who wasn't vaccinated and their parents were naturalist health nuts, you get everything and leave you very sickly, and they don't give you autism or anything like that either.

Involuntary manslaughter you might have a case for. Good luck arguing that a kid dying because he caught something from another kid whose parents didnt vaccinate him was intentional and planned in advance by those parents, though

This.

As for the OP, I'm loathe to take a child away from its parents (which would probably have to happen if it were mandatory) in all but the worst circumstances. That said, requiring the major vaccines in order to enroll in public schools seems prudent.