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Author Topic:   Is it time to consider compulsory vaccinations?
PaulK
Member
Posts: 17825
Joined: 01-10-2003
Member Rating: 2.2


Message 136 of 930 (736687)
09-12-2014 3:35 AM
Reply to: Message 132 by NoNukes
09-12-2014 2:37 AM


quote:
But the right to privacy is found in the places I suggest, the 1st, fourth, and fifth amendments, and for fundamental rights at least, filtered down to the states via the due process clause of the 14th amendment.
As your quotes make clear even that - which is well short of your original claim - is far from agreed.
With regard to Roe vs Wade the Supreme Court's characterisation of the case - as quoted by you - mentions the 4th Amendment only in the phrase "or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras". Moreover, the Court went on to favour the alternative argument based on the 14th Amendment.
quote:
Not being explicitly in the constitution does not make a right non-fundamental
However it does mean that you need to make a case that there is a fundamental right that is sufficently breached by compulsory vaccination to require some form of heightened scrutiny.

This message is a reply to:
 Message 132 by NoNukes, posted 09-12-2014 2:37 AM NoNukes has replied

Replies to this message:
 Message 138 by NoNukes, posted 09-12-2014 5:38 AM PaulK has replied
 Message 141 by NoNukes, posted 09-12-2014 6:06 AM PaulK has not replied

  
PaulK
Member
Posts: 17825
Joined: 01-10-2003
Member Rating: 2.2


Message 137 of 930 (736688)
09-12-2014 3:39 AM
Reply to: Message 134 by NoNukes
09-12-2014 2:54 AM


quote:
You've completely missed the point. The fourth amendment does not even apply in such a case. An innocent person has no standing to invoke the 4th amendment in a criminal where he is not the defendant
You're thinking of the 5th Amendment. The 4th Amendment has no such restrictions on standing.

This message is a reply to:
 Message 134 by NoNukes, posted 09-12-2014 2:54 AM NoNukes has replied

Replies to this message:
 Message 140 by NoNukes, posted 09-12-2014 6:03 AM PaulK has replied

  
NoNukes
Inactive Member


Message 138 of 930 (736689)
09-12-2014 5:38 AM
Reply to: Message 136 by PaulK
09-12-2014 3:35 AM


With regard to Roe vs Wade the Supreme Court's characterisation of the case - as quoted by you - mentions the 4th Amendment only in the phrase "or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras". Moreover, the Court went on to favour the alternative argument based on the 14th Amendment.
Your analysis is abbreviated to the point where it is inaccurate. The right to privacy is described as depending on the first, fourth, and fifth amendments in very explicit terms in the quote I provided. There is no explanation or words suggesting that privacy rights are disfavored (other than by the dissenters who don't like the idea of privacy rights in the least). You are also failing to note that multiple cases are cited for the 4th amendment (Terry, Katz, Boyd, Ohlmsted). The fourth amendment is also invoked in the citation of Griswold. Griswold cites the 4th, 5th and 9th amendments as providing a right to marital privacy.
Reading the ninth and 14th amendment should provide you with some indication of the importance of the other amendments. The 14th amendment provides for due process, but it does not describe the rights which are protected by the due process. The ninth amendment provides the citizens have rights that are not spelled out in the constitution but does nothing to spell out what those rights actually are.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 136 by PaulK, posted 09-12-2014 3:35 AM PaulK has replied

Replies to this message:
 Message 151 by PaulK, posted 09-12-2014 2:40 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 139 of 930 (736690)
09-12-2014 5:46 AM
Reply to: Message 96 by Jon
09-11-2014 3:10 PM


But no one is advocating vaccines for people who wish to sit at home the rest of their lives.
Sure Jon. I can add "walking around in my yard" or "going to my mailbox", or "taking a walk around the block".
People are advocating vaccines for folks who find themselves in contact with the general public.
Yes. Me too.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 96 by Jon, posted 09-11-2014 3:10 PM Jon has not replied

  
NoNukes
Inactive Member


Message 140 of 930 (736692)
09-12-2014 6:03 AM
Reply to: Message 137 by PaulK
09-12-2014 3:39 AM


You're thinking of the 5th Amendment. The 4th Amendment has no such restrictions on standing.
You are correct, or at least more nearly correct than I am. In some circumstances the defendant can object to the state violating the 4th amendment rights of a third party.
However that was not the state of the law at the time when Roe v Wade and People v Brown was decided. There was a standing requirement of the nature described in People up until the early 80s.
And removing the standing requirement does not make the analysis in either case incorrect. The right to privacy was found despite the requirement for standing.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 137 by PaulK, posted 09-12-2014 3:39 AM PaulK has replied

Replies to this message:
 Message 149 by PaulK, posted 09-12-2014 2:13 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 141 of 930 (736693)
09-12-2014 6:06 AM
Reply to: Message 136 by PaulK
09-12-2014 3:35 AM


However it does mean that you need to make a case that there is a fundamental right that is sufficently breached by compulsory vaccination to require some form of heightened scrutiny.
Fair enough.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 136 by PaulK, posted 09-12-2014 3:35 AM PaulK has not replied

  
New Cat's Eye
Inactive Member


Message 142 of 930 (736698)
09-12-2014 9:57 AM
Reply to: Message 108 by Faith
09-11-2014 6:58 PM


I guess I'll be reading a lot more of those anecdotes
What? Why? How could you possibly gain from that?
You might as well read testimonies from the latest wonder weight loss pill...

This message is a reply to:
 Message 108 by Faith, posted 09-11-2014 6:58 PM Faith has not replied

  
ringo
Member (Idle past 433 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 143 of 930 (736704)
09-12-2014 11:41 AM
Reply to: Message 120 by NoNukes
09-11-2014 9:19 PM


NoNukes writes:
It actually turns out to be impossible to exclude unvaccinated people from every public place.
Of course perfection is impossible. But as somebody else has pointed out, the more people who are vaccinated the harder it is for a disease to spread. You don't have to take out every domino to prevent a domino effect. You only have to widen the gaps.

This message is a reply to:
 Message 120 by NoNukes, posted 09-11-2014 9:19 PM NoNukes has replied

Replies to this message:
 Message 144 by NoNukes, posted 09-12-2014 12:21 PM ringo has replied

  
NoNukes
Inactive Member


Message 144 of 930 (736709)
09-12-2014 12:21 PM
Reply to: Message 143 by ringo
09-12-2014 11:41 AM


Of course perfection is impossible.
Perfection in this case is less than 100% of the public vaccinated, because for some people cannot be vaccinated, and we won't exclude them from public places. We cannot even strive for that.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 143 by ringo, posted 09-12-2014 11:41 AM ringo has replied

Replies to this message:
 Message 146 by ringo, posted 09-12-2014 12:50 PM NoNukes has replied

  
Theodoric
Member
Posts: 9142
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.3


Message 145 of 930 (736714)
09-12-2014 12:49 PM
Reply to: Message 58 by NoNukes
09-11-2014 9:09 AM


Re: strawman, strawman
And aren't non vaccinated children threats only to themselves and other non vaccinated people?
Research herd immunity. Non-vaccinated people also can lead to outbreaks that have an effect on society. There are costs associated with outbreaks.
And before you start listening to herd immunity debunkers, read this.
Skeptoid: Is herd immunity a myth? A response to Russell Blaylock, Part 1

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 58 by NoNukes, posted 09-11-2014 9:09 AM NoNukes has not replied

  
ringo
Member (Idle past 433 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 146 of 930 (736715)
09-12-2014 12:50 PM
Reply to: Message 144 by NoNukes
09-12-2014 12:21 PM


NoNukes writes:
Perfection in this case is less than 100% of the public vaccinated, because for some people cannot be vaccinated, and we won't exclude them from public places. We cannot even strive for that.
The period isn't a signal to stop reading. Here's the rest of the post again:
quote:
But as somebody else has pointed out, the more people who are vaccinated the harder it is for a disease to spread. You don't have to take out every domino to prevent a domino effect. You only have to widen the gaps.
Have you noticed the term "critical mass" in this thread? We don't need to strive for 100%. We only need to strive for "enough".

This message is a reply to:
 Message 144 by NoNukes, posted 09-12-2014 12:21 PM NoNukes has replied

Replies to this message:
 Message 147 by NoNukes, posted 09-12-2014 12:57 PM ringo has replied

  
NoNukes
Inactive Member


Message 147 of 930 (736717)
09-12-2014 12:57 PM
Reply to: Message 146 by ringo
09-12-2014 12:50 PM


We only need to strive for "enough".
Exactly so. And the fact that we only need enough means that we can use methods that only result in enough.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I have never met a man so ignorant that I couldn't learn something from him. Galileo Galilei
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 146 by ringo, posted 09-12-2014 12:50 PM ringo has replied

Replies to this message:
 Message 148 by ringo, posted 09-12-2014 1:06 PM NoNukes has replied

  
ringo
Member (Idle past 433 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(1)
Message 148 of 930 (736718)
09-12-2014 1:06 PM
Reply to: Message 147 by NoNukes
09-12-2014 12:57 PM


NoNukes writes:
And the fact that we only need enough means that we can use methods that only result in enough.
And the fact that we don't currently have enough suggests that we need to do something more than nothing.

This message is a reply to:
 Message 147 by NoNukes, posted 09-12-2014 12:57 PM NoNukes has replied

Replies to this message:
 Message 156 by NoNukes, posted 09-13-2014 12:06 AM ringo has replied

  
PaulK
Member
Posts: 17825
Joined: 01-10-2003
Member Rating: 2.2


Message 149 of 930 (736730)
09-12-2014 2:13 PM
Reply to: Message 140 by NoNukes
09-12-2014 6:03 AM


quote:
You are correct, or at least more nearly correct than I am. In some circumstances the defendant can object to the state violating the 4th amendment rights of a third party
More importantly a judge should bear the 4th Amendment in mind when issuing a warrant for a search - any search. Your assertion that the 4th Amendment does not apply is completely wrong. (And silly, since you want to exclude an obvious application of the 4th Amendment in that case to so that you can claim it was decided on a broader application. Arguing that it doesn't apply at all rules out ANY application).
The simple fact is that anyone has standing if it's their rights being violated.
If there's a grain of truth in your claim that only the defendant could have standing I expect it is when it comes to declaring evidence inadmissable. Only the defendant is harmed by the introduction of inadmissable evidence. THAT actually makes some sense.

This message is a reply to:
 Message 140 by NoNukes, posted 09-12-2014 6:03 AM NoNukes has replied

Replies to this message:
 Message 157 by NoNukes, posted 09-13-2014 12:43 AM PaulK has replied

  
Tempe 12ft Chicken
Member (Idle past 356 days)
Posts: 438
From: Tempe, Az.
Joined: 10-25-2012


(1)
Message 150 of 930 (736731)
09-12-2014 2:33 PM
Reply to: Message 117 by Faith
09-11-2014 9:00 PM


Faith writes:
I do know of people who got the disease FROM those vaccinations but I think that was in the early years. Still, I need to read up more on them.
I am reasonably sure that these were with the old vaccines. The process where someone gets the disease from a vaccine is referred to as reversion. I have only really heard about this problem in one vaccine, which is no long in use in the US, and that is the Oral Polio Vaccine, or OPV. This vaccine is still used in third world nations, although the attempt is being made to phase it out, and the occurrence of reversion is still believed to be a very rare event. I would need examples of other vaccines causing the disease it was intended to protect against, but this one I do know has some verified cases and a strong case to be made to make all countries use the Inactivated Polio Vaccine, or IPV which does not have a possibility of reversion.
Wiki on Polio vaccines
Faith writes:
The great majority of the horror stories about immunizations seem to be about those done in infancy or the first couple of years. Maybe this is an argument for waiting until later?
A alternative vaccination schedule has benefits, but should only be used in cases where a child is at risk, such as immunocompromised individuals. Outside of that, the alternative schedule, which was started by a single medical professional and has not been approved by any major organization, is considered to be leaving children vulnerable at the most risky times, plus the new schedule as not been reviewed for safety by any major medical institutions. An interesting note is that along with receiving less adjuvants in the total vaccination process, children today also receive less attentuated (inactivated) viruses within the vaccines they receive, even though they are getting more vaccines. That's right, children today are receiving more vaccines, are protected against more illnesses, and receive less of both the adjuvants and inactivated viruses as we did with the fewer diseases we were protected against. Here are a couple good sites, I especially like Science-Based Medicine when I have medical things I need to research (as they link to primary sources nearly always).
Robert Sears' Alternative Vaccine Schedule
Important quote from this one that shows that Dr. Sears is just operating on an extreme precautionary principle for well studied things:
Dr. Robert Sears writes:
If some of the theoretical problems with vaccines are real, this schedule circumvents most of them. If the problems aren’t real, then the only drawback is the extra time, effort, and cost for the additional doctor’s office visits.
Hmmmm.....who collects on that extra cost that these parents are paying that he mentions?
Immunization of Immunocompromised Individuals
Vaccines Work. Period.
I strongly suggest this site, this piece is more of a blog, but even that references its sources. Great site for cutting through the BS that the web will turn up on health related questions.
Faith writes:
Since I and all my siblings and everybody else I know from my generation survived measles, mumps and chicken pox without any ill effects, I don't really see a need for most people to be vaccinated against those. Am I wrong about that? And having the disease does confer solid immunity too. That's also one of the shots that is blamed for bad effects.
While most people do survive those diseases, it is not a one hundred percent case. I believe someone earlier mentioned that Measles causes encephalitis related death in 1 out of 1000 cases, versus one out of millions with the vaccination. Chicken Pox also has very serious side effects that are possible. While most people survive, that is no reason to allow some people to die when we have the means to avoid that. The numbers lost to vaccine complications are nowhere near what we would lose without the vaccines.
Chickenpox Complications
Faith writes:
I don't know of anyone who was immunized against encephalitis so I'm wondering how important that one is. One in a thousand with measles? Maybe something to think about there.
I think you misinterpreted what was said about encephalitis. Yes there is a vaccine for Japanese Encephalitis, but I do not think this is part of the childhood schedule. Rather, they are saying that in cases of the Measles, 3 in 1000 children will contract and die from acute encephalitis (or another very risky complication)
Measles Wiki writes:
Between 1987 and 2000, the case fatality rate across the United States was 3 measles-attributable deaths per 1000 cases, or 0.3%.
So, it is a 3 in 1000 chance, actually, of complications from measles (encephalitis, viral pneumonia, otitis media) killing an individual versus a 1 in a millions shot of vaccine related injury.
Vaccines: VPD-VAC/JE/main page
Measles: Wikipedia
2014 Recommended Immunization Schedule

The theory of evolution by cumulative natural selection is the only theory we know of that is in principle capable of explaining the existence of organized complexity. - Richard Dawkins
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This message is a reply to:
 Message 117 by Faith, posted 09-11-2014 9:00 PM Faith has replied

Replies to this message:
 Message 152 by Faith, posted 09-12-2014 9:18 PM Tempe 12ft Chicken has not replied

  
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