GOVERNMENT MANDATES

No matter where you fall on the spectrum of political viewpoints, recent news will no doubt leave you wondering what authority the government does or does not have. And if you aren't wondering, you should be. At the end of the day, no matter your beliefs, government mandates will impact you. So, let's talk about what a mandate is, and whether the government has the authority to mandate vaccines.

1. What is a Mandate? The first step is to figure out what a mandate actually is. It is a loosely used term that has been thrown around more in the last 18 months than in the last 18 years. A mandate is defined as "an official order to do something." In other words, it's an order. Generally, the mandates being ordered are done through the Executive Order powers of the government. So where does the government get the power to issue Executive Orders? Article II of The United States Constitution gives the President broad executive power. Executive orders can be called mandates and can have sunset clauses, taken off the books at a later date or be found unconstitutional by the courts and struck down. If you are interested in reading the text of the President's most recent executive order requiring vaccinations, see here. 
2. Can the Government Force a Vaccine? We saw this coming. If you recall my blog several months ago regarding mask mandates, I wrote about the Jacobsen v. Massachusetts, 197 U.S. 11, case from 1905. In Jacobsen, Mr. Jacobson challenged a State mandate mandating the smallpox vaccine, based on an unreasonable invasion of his liberties. The Supreme Court of the United States held that it was not unconstitutional for the State to order a smallpox vaccine due to the State's "police power" which allows the State to protect the health and welfare of its people." To sum this up, the United States Supreme Court ruled 115 years ago that it was ok for a State to inject people with a vaccine in a time of public crisis. Some have wondered if that same ruling of the Supreme Court applies in the case of the Federal Government (President) issuing a mandate. You can bet there will be more Court rulings in the future on this questions.
3. What about an opt-out? Many are familiar with the opt-outs provided for those who have a religious or medical exemption for vaccine mandates. Importantly, the executive order mandating vaccination does have a clause allowing for an opt-out in the case of a religious or medical exemption. This should not come as a surprise to us, as vaccine mandates have had opt-outs for religious and medical reasons since 1898, when the British Vaccination Act of 1898 provided a clause to allow exemptions to the smallpox vaccination. All 50 states have allowed children to be exempted from vaccination requirements for medical reasons, and 47 states allow exemptions to vaccination based on religious reasons. Some states require more stringent proof of sincere religious belief, but the idea of an exemption is not new to us. 

So, where does this leave us? Americans have found themselves in great disagreement with the appropriate handling of government mandates, specifically in the last 18 months. It is important for all Americans to educate themselves and stay informed in order to make the best decisions for yourselves. We hope this blog can provide unbiased, factual information about the current happenings and how the laws play into the decisions being made. 

- Jill 

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