14
Police Power
•“…such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety.”
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• Jacobson v. Massachusetts, 197 U.S. 11 (1905)
Speaking Points

The Jacobson case is perhaps the most familiar reference of the police power by the United States Supreme Court.

This case originated in Cambridge, Massachusetts, at the turn of the 20th century, where smallpox vaccination was being administered by the Cambridge Board of Health during an outbreak.  Mr. Jacobson challenged the town’s compulsory vaccination on grounds that it violated certain of his constitutional rights.

The highest court in Massachusetts, and then the U.S. Supreme Court, in this case upheld compulsory vaccination as an exercise of the state’s police power, as delegated to the local board of health here, citing such elements as its: public health necessity, reasonable means, and proportionality.