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Thread: Most COVID In Schools With No Mask Mandates

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    Quote Originally Posted by PoliTalker View Post
    Hello Concart,



    I'd be curious what law or part of the Constitution would prevent a State from setting up vaccination checkpoints at borders. It's not like they are going to prevent entry. They would merely be requiring proof of vaccination. A state may require vaccination of all persons, according to Supreme Court Jacobson decision in 1905.
    First amendment, right to free association. Even DUI checkpoints come under scrutiny for this. It would be virtually illegal in every case for a state to demand anyone entering produce certain travel documents of any kind within the interior of the US. The Border Patrol can set up checkpoints internally up to 25 miles from a US border. That is their internal limit for such things.

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    Hello T. A. Gardner,

    Quote Originally Posted by T. A. Gardner View Post
    First amendment, right to free association. Even DUI checkpoints come under scrutiny for this. It would be virtually illegal in every case for a state to demand anyone entering produce certain travel documents of any kind within the interior of the US. The Border Patrol can set up checkpoints internally up to 25 miles from a US border. That is their internal limit for such things.
    First Amendment:

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

    What part of that prevents states from checking for vaccine status at the border? A right of free association is not mentioned.
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    Quote Originally Posted by PoliTalker View Post
    Hello T. A. Gardner,



    But a State is certainly within it's right to require a proof of vaccination to participate in any public social interaction with others.
    Imposing that on every business and public entity probably is illegal under the Constitution. For example, a club by membership only would likely have to be exempted from such a rule as the members otherwise couldn't freely associate. The club could internally impose their own rule, but I doubt a government mandate would stand.

    If an unvaccinated individual travels to a State with vaccination requirements, they would have a difficult time even getting food if it requires going in a store or restaurant.
    Actually, no. For example, if I were unvaccinated and in a state with such a rule, I could show my say state driver's license and prove I'm not a resident and not subject to the rule under reciprocity agreements. It would be no different than if my vehicle were registered in state A and legal there but somehow not legal in B I could still drive through B because they have to honor A's rules and the constitutional right to free association.

    Would a State be within it's right to set up checkpoints at all borders and points of entry to require proof of vaccination? Could be an interesting case if a State did that.

    It could also lead to a State completely eliminating COVID if they successfully did so.
    Thus, no, a state couldn't set up checkpoints for vaccination. Hell, most DUI checkpoint operations have been deemed illegal as what amounts to 'fishing expeditions.' Same thing here. You can't impose internal travel rules on US citizens in most cases. If the government--state or federal--could, we'd end up like many totalitarian dictatorships in nothing flat with people restricted to where they can and can't go.

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    Quote Originally Posted by PoliTalker View Post
    First Amendment:

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

    What part of that prevents states from checking for vaccine status at the border?
    That part does. It means you can freely associate with whomever the hell you want and the government cannot tell you "no."

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    Hello T. A. Gardner,

    Quote Originally Posted by T. A. Gardner View Post
    Imposing that on every business and public entity probably is illegal under the Constitution. For example, a club by membership only would likely have to be exempted from such a rule as the members otherwise couldn't freely associate. The club could internally impose their own rule, but I doubt a government mandate would stand.



    Actually, no. For example, if I were unvaccinated and in a state with such a rule, I could show my say state driver's license and prove I'm not a resident and not subject to the rule under reciprocity agreements. It would be no different than if my vehicle were registered in state A and legal there but somehow not legal in B I could still drive through B because they have to honor A's rules and the constitutional right to free association.



    Thus, no, a state couldn't set up checkpoints for vaccination. Hell, most DUI checkpoint operations have been deemed illegal as what amounts to 'fishing expeditions.' Same thing here. You can't impose internal travel rules on US citizens in most cases. If the government--state or federal--could, we'd end up like many totalitarian dictatorships in nothing flat with people restricted to where they can and can't go.
    Those all sound like very convincing arguments for not requiring vaccinations or masks, but there has been no actual reference to a specific part of the Constitution which guarantees a right of free association. An individual who enters a State is subject to the laws of that State. It doesn't matter if they have an ID from another State. That does not give them any special right to break the laws of another State.

    The Supreme Court already ruled in 1905 that mandatory vaccinations are Constitutional.
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    Hello T. A. Gardner,

    Quote Originally Posted by T. A. Gardner View Post
    That part does. It means you can freely associate with whomever the hell you want and the government cannot tell you "no."
    I don't see where requiring vaccinations violates the right of the people peaceably to assemble. It's not about assembling. It's about complying with a government order issued for the purpose of saving lives. Requiring vaccinations has already been ruled Constitutional. Long time ago. Done deal. That's the law. Individuals who wish to exercise their right to peacefully assemble have but to get vaccinated and peacefully assemble all they want.

    The Supreme Court would usually, in cases where a previous ruling applies, decline to hear the case. The court prefers to resolve new disputes, not rehash old ones.
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    Quote Originally Posted by PoliTalker View Post
    Hello T. A. Gardner,



    I don't see where requiring vaccinations violates the right of the people peaceably to assemble. It's not about assembling. It's about complying with a government order issued for the purpose of saving lives. Requiring vaccinations has already been ruled Constitutional. Long time ago. Done deal. That's the law. Individuals who wish to exercise their right to peacefully assemble have but to get vaccinated and peacefully assemble all they want.

    The Supreme Court would usually, in cases where a previous ruling applies, decline to hear the case. The court prefers to resolve new disputes, not rehash old ones.
    It does if one state requires it and a person who resides in another state is travelling through or within that state and their home state doesn't require it. I think given the Biden administration's position on illegal aliens and their transport, it'd be difficult for any state to argue that they require mandatory vaccines and vaccine passports...

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    Hello T. A. Gardner,

    Quote Originally Posted by T. A. Gardner View Post
    It does if one state requires it and a person who resides in another state is travelling through or within that state and their home state doesn't require it. I think given the Biden administration's position on illegal aliens and their transport, it'd be difficult for any state to argue that they require mandatory vaccines and vaccine passports...
    That may be a valid argument.

    Traveling through.

    A State may require COVID vaccination under the Constitution prior to having contact with anyone else in the State, but if an individual is simply traveling through without stopping to talk to anyone then that sounds reasonable. But if they have social contact another individual and possibly share air, then that would be in violation.
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