Constitutional Law Analysis 2010
Pandemic Response Project
However, there is another view that goes even beyond
, claiming the State
allows government wide discretion to
Unfortunately, tyrannical governments have routinely abused thislatter view (especially in the last century
) to justify ‗mass quarantines of unpopular groups,‘‗indefinite detentions of the ill,‘ and ‗nonconsensual medical procedures.‘
Accordingly, barringa civil and intellectual revolution of law
, it is expected that modernmilitary-medical establishments will continue to define
in a self-serving manner.This means that where panic deems it expedient, most governments will invoke mandatoryquarantines, forced vaccinations, and non-consensual medical procedures, regardless of dissentthat questions their lawfulness.
this is a generalized inquiry, where the individuals are alreadylegitimate prisoners or detainees (consistent with due process of law) for crimes other thansimply refusing vaccination, and the circumstances of their incarceration or detainment pose amaterial threat of disease communicability;
rights. Among these are enjoying and defending life and liberty… and pursuing and obtainingsafety, happiness, and privacy.‖
); Eugene Volokh,
State Constitutional Rights of Self-Defenseand Defense of Property
, Texas Review of Law & Politics, (2007).
Notably, the traditional legal doctrine of ‗self
defense‘ should be distinguished from theseparate doctrine called ‗anticipatory self
defense.‘ The former is a straightforward doctrine,
fundamental to human existence and law. The latter is a more hybridized and technicalcreature: valuable in some key respects, but too often used by
to justify international war games and political hegemony of self-proclaimed elites.
See e.g., Full Spectrum Dominance: Totalitarian Democracy in the New World Order
, by William Engdahl;
The Globalization of Poverty and the New World Order
, by Michel Chossudovsky.
―Police power‖ is a legal doctrine that describes the general authority of the government
to enforce health and safety laws so long as those laws do not violate the constitution.
Leisy v. Hardin
(1890) 135 U.S. 100, 127 (―…the 'police power,'
- that inherent and necessary power, essential to the very existence of civil society, and the safeguard of the inhabitants of the
state against disorder, disease, poverty, and crime.‖)
For citations, see section III.D.1.b.2.B below, entitled
Self Quarantine Is TheConstitutional Remedy In Balance With The Police Power.
, Wendy K. Mariner et al.,
,95 Am J. Pub. Health 581, 588 (2005); Richards,
Washington v Harper
, 494 US 210 (1990). The
Court recognized that
―[t]he forcible injection of medication into a nonconsenting person‘s body represents asubstantial interference with that person‘s liberty.‖
at 229; But it determined thatsubstantive due process permitted this intrusion on the liberty of a
where ―a mental
disorder exists which is likely to cause harm if not treated. . . .[and the treatment] is in the