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07-24-2020, 09:49 PM
(This post was last modified: 07-24-2020, 10:11 PM by
lex24.)
(07-24-2020, 08:55 PM)Goose Wrote: (07-24-2020, 08:40 PM)lex24 Wrote: (07-24-2020, 07:30 PM)oldalum Wrote: I think the concern motivating calls for simultaneous nationwide SiP is the problem of travel between states/areas of high and low infection. I don't know how big a problem that really is. I don't know if the states can legally limit that travel, but I think the federal government can.
Actually it’s not likely the Feds can. The USSC has held there is a Constitutional right to travel.
I think they can. The Feds have the ability to regulate interstate commerce. The States may not restrict interstate commerce without good reason, and must do so in a way that allows for due process, such as a hearing before someone can be prevented from entering the state. The Feds have no such requirement. I believe the Feds can regulate passage from one state to another to enforce the "national quarantine". The USPHS has been explicitly delegated the power to do so.
(07-24-2020, 09:49 PM)lex24 Wrote: (07-24-2020, 08:55 PM)Goose Wrote: (07-24-2020, 08:40 PM)lex24 Wrote: (07-24-2020, 07:30 PM)oldalum Wrote: I think the concern motivating calls for simultaneous nationwide SiP is the problem of travel between states/areas of high and low infection. I don't know how big a problem that really is. I don't know if the states can legally limit that travel, but I think the federal government can.
Actually it’s not likely the Feds can. The USSC has held there is a Constitutional right to travel.
I think they can. The Feds have the ability to regulate interstate commerce. The States may not restrict interstate commerce without good reason, and must do so in a way that allows for due process, such as a hearing before someone can be prevented from entering the state. The Feds have no such requirement. I believe the Feds can regulate passage from one state to another to enforce the "national quarantine". The USPHS has been explicitly delegated the power to do so.
Certainly the feds can put provisions in place to quarantine and restrict travel by those people who are known to be infected. But to put a blanket order that indicates that no one may travel between states is a completely different matter. And I have a hard time believing that would pass constitutional muster in that it would be too broad of a restriction of the right to travel. But we will never know because it’s not gonna happen