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by copenja
2235 days ago
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These are interesting references thanks. The Commerce Clause seems to specifically give the federal government control over people ENTERING the country and people CROSSING state lines, but doesn't seem to address the federal government declaring statewide lockdowns. It does seem that the federal government can issue quarantine orders to individuals suspected of being infected, but again this is directed towards a specific person, and is an actual hard quarantine order. The "Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health" says that the state can enact quarantine laws unless Congress decided preempts them. It seems to handle the opposite case: can the federal government prevent my quarantine? And the answer is only if Congress passes a federal law. This is a big hurdle, because the decision doesn't lie in the Presidents or his administrations hands. |
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