Jacobson v. Massachusetts 192 US 11 (1905)
Jacobson v. Massachusetts 192 US 11 (1905)
Massachusetts
Synopsis of Rule of Law. In order to protect public health and safety, the
scope of the state"s police power includes the authority to enact
reasonable regulations to do so.
Issue. In order to protect public health and safety, does the scope of the
state"s police power include the authority to enact reasonable regulations
to do so?
Held. (Harlan, J.) Yes. In order to protect public health and safety, the
scope of the state"s police power includes the authority to enact
reasonable regulations to do so. The Constitution secures liberty for every
person within its jurisdiction, but does not give an absolute right for each
person to be free from restraint at all times and in all circumstances.
Every person is required to be subject to various restraints for the
common good. The efforts by Cambridge to stamp out smallpox are
substantially related to the protection of public health and safety. There
has been nothing to clearly justify the Court holding the statute to be
unconstitutional. Affirmed.
Discussion. This case was never repudiated. The Court suggested there
is no liberty interest in conduct that may put others at risk. The courts
were extremely deferential to a state"s power to protect the public health
in the early part of the twentieth century.