Authority for quarantine?
Posted by tkstone 9 years, 5 months ago to Government
I work as a city manager in a small community and in my job I receive bulletins concerning Ebola related issues. Today I received a bulletin from the Congressional Research Service with policy support for quarantine activities. They claim Constitutional support in one paragraph with no supporting reference and later claim the authority comes from the Commerce clause! Why do we even bother with the rest of the Constitution. The liberals justify everything this way! This is from the official policy think tank for our Congress!
http://www.bing.com/images/search?q=sena...
My biggest concern and I feel the bigger question is for the rights of others to NOT be infected by her. Her actions show a total lack of consideration and respect for others.
A careful reading of The Constitution...
"Article. 1. Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
......—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Here is where one can argue that they have the power to make laws that provide for the general welfare... An unchecked epidemic is definitely a threat to the general welfare. Even if this was deemed illegitimate the States individually would not be barred from enforcing a quarantine within their borders, since they retain all powers not enumerated in the Constitution.
Respectfully,
O.A.
I am not suggesting it is anything else. I do not agree with the proponents of this argument in their open ended way. I am only suggesting that this is the argument used and where it originates. By "careful reading" I meant finding the proponents argument; nothing more. However it should be noted that this is not the most highly disputed part of the preamble where this appears. It is as noted in Article .1... This is why we have had so many bad decisions and why the Supreme Court has struggled with this. I have read several of Mr. Levin's books, done reviews of them and agree. I have studied the Federalist, the Anti-Federalist, The Constitutional Convention Papers and a multitude of other writings of the founders as well as the philosophies upon which they built. I believe I have unfortunately not made myself clear and you are unfamiliar with all of the things I have written on this site. Otherwise, you would know this would be completely out of context with the bulk of my work to suggest that I find this an open invitation for unlimited abuse. I was unclear. My mistake. That said: if there was ever a reason for congress to create a law that protects the general welfare and uses it as a justification, epidemic would be it. By your own words this would be for the general population, not specific individuals or groups. Of course this clause can not be construed as an unlimited power to do all that has been done in its name.
Respectfully,
O.A.
Rand never treated quarantine specifically. But I have the remedy: bring it before a judge. That's what the Governor of the State of Maine did.
Quarantine is an inherent power, to guard against an infection having a case-fatality rate higher than, say, fifty percent--or whatever threshold we can set. (The case-fatality rate for Ebola is seventy percent.) But, Mr. City Manager, I urge you: seek court orders. If the courts have a problem with so many requests for orders, no doubt they'll do something about it. The same exigent circumstances that impel you to seek these quarantine orders, surely affect them, too.
"The Ethics of Emergencies" does not endorse or imply that government can do takeover whatever it wants in the name of dealing with anyone's "emergency".
[/sarcasm]
I just wish I weren't kidding about how their simpleton minds work.