By Alan Phillips JD
Two U.S. states already have laws allowing children to consent to vaccines — CA and NC — and this could become a trend around the country, as more state legislatures, TX and NY to be specific, have introduced similar bills. Now, New York legislators are revising their prior attempt with House Bill A497, which would allow children to consent to vaccination — a procedure that comes with a risk of permanent disability and death for sexually transmitted diseases.
If this strikes you as wrong at a gut level, you’ll be pleased to know that it also violates numerous state and federal laws. But let me be clear — state legislators can pass any law so long as they get the votes, whether it’s constitutional or not, because a law is not officially “unconstitutional” until a court says so.
In other words, that oath that state legislators take to uphold the state and federal constitutions? That’s just a formality required of newly elected officials before they can start working. The practical reality is that that oath doesn’t actually mean anything.
For example, when confronted with the fact that the NC child consent law — which allows children of any age to consent to vaccinations and other medical treatments — violates four state and federal constitutional provisions and an additional four state and federal statutory provisions, and that the reason for which it was supposedly passed was already fully addressed by other existing laws (that are Constitutional), my state senator replied: “I can’t help you. We have UNC Hospitals in our district.” (What the…?!)
And that’s not an isolated case. The states of WA, OR and CA have all revised their school exemption statutes in a manner that violates First Amendment “free exercise of religion” boundaries. Regardless of what you think about vaccines, we should all be very, very concerned about when legislators persistently ignore the Constitution (which they did, because I put Constitutional analyses in front of many of them).
Once the Constitution becomes meaningless, we no longer have a democracy, we have a police state — in this instance, a vaccine police state.
My response to the NY state legislature’s revision of their vaccine child consent law was to write a letter to them addressing the following points. A copy of that letter and a fully referenced formal Legal Memorandum are posted at the Vaccine Rights website here: VaccineRights.com.
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