Exceeding Their Powers

In a similar vein I question the authority of the states to regulate travel from other states. I’m not even going to both to find a link but several of the states, notably New York, are imposing restrictions on travel which I believe are beyond their authority. The reason? Section I, Article 8, Clause 3 of the U. S. Constitution: the Commerce Clause. That and numerous subsequent court decisions confirm that the federal government has sole authority to regulate travel between the states and there is no exigent circumstances exception to that.

Once someone had traveled from one state to another, I agree that the state governments have the authority to place individuals under involuntary quarantine but I don’t believe that they have the authority to require people undergo voluntary quarantine as a condition for entering the state. To obtain that power they should appeal to the Congress. I doubt they would get it but the Congress might start limiting domestic travel itself. That should be popular.

2 comments… add one
  • TarsTarkas Link

    Andrew Cuomo can do no wrong so what he’s doing is all good / sarc

    Apparently some of the spikes in Kung Flu cases are due to a change in how cases are reported. Formerly you had to actually test positive to be considered a case. Now in many municipalities any one who was in contact with a positive case is now considered a positive case. By that measure virtually the entire population of the US could be considered an active case. Talk about a contact tracing daisy chain.

  • steve Link

    “Now in many municipalities any one who was in contact with a positive case is now considered a positive case.”

    Citation please. Have seen no such thing in the medical literature.

    Steve

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