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JACOBSON v. MASSACHUSETTS.

JACOBSON v. massachusetts . 11197 U. S. v. TO THE SUPREME COURT OF THE STATE OF 70. Argued December 6, February 20, United States does not derive any of its substantive powers from thePreamble of the Constitution. It cannot exert any power to secure thedeclared objects of the Constitution unless, apart from the Preamblesuch power be found in, or can properly be implied from, some expressdelegation-in the the spirit of the Constitution is to be respected not less than itsletter, the spirit is to be collected chiefly from its the exclusion of evidence in the state court in a case involving theconstitutionality of a state statute may not strictly present a Federalquestion, this court may consider the rejection of such evidence uponthe ground of incompetency or immateriality under the statute asshowing its scope and meaning in the opinion of the state police)

Iowa, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Pennsylvania; Rhode Island, South Dakota and Virginia. Three-quarters of the States have not entered upon the policy of enforcing vaccination by legal penalty.' Not one of the States undertakes forcible vaccination, while Utah and

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Transcription of JACOBSON v. MASSACHUSETTS.

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