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There probably isn’t a constitutional difference, but it depends on whether you care about the original text of the constitution or the precedence set by prior
by throwawaysea 5y ago
There probably isn’t a constitutional difference, but it depends on whether you care about the original text of the constitution or the precedence set by prior SCOTUS cases. Jacobson (https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts) set a precedent that the state (meaning government in general and not just a state-level government) has some powers that supersede individual liberty, including vaccination to protect public health, and this precedence has been used to force collectivist decision making in other situations as well. However the ninth amendment (https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_...) explicitly gives individuals all liberties not discussed by the constitution and would therefore suggest that individual liberty is supreme even in the case of bodily autonomy.
Leaving that debate aside however, I think it’s important to recognize that the US is built on federalism. It is less of a unified monolithic nation and more of a diverse set of nations that share a small set of common services like the military. Over time the federal government has become bloated and powerful, and has been erasing the locality of choice that state and local jurisdictions are supposed to provide. This leads to situations like the national vaccine mandate, where a narrow majority can implement a tyranny over the rest (https://en.wikipedia.org/wiki/Tyranny_of_the_majority https://en.wikipedia.org/wiki/Tyranny_of_the_majority), when the system is meant to allow greater local liberty and independence over such choices. If this type of governance continues I expect as some point the US will break up.