Does US President Have Legal Authority to Quarantine States/Cities?

Was listening to NPR yesterday, and I heard a comment during a news segment that even if Pres Trump had decided to move forward with the Tri-State (NY, NJ, CT) quarantine he was mulling over last week, he does not have the legal authority to do so. That surprised me, as I had assumed that in times of crisis, war, widespread disaster, etc. our president would have authority to basically do what he/she feels necessary to protect the nation. I mean, if a US president can declare martial law, set curfews, basically keeping people confined to their homes for periods of time....how is it that he wouldn't be authorized to limit or stop inter-state travel?

Does a US president have legal authority to quarantine states? If not, then how would such a measure be implemented? Surely there must be some means of putting such restrictions in place.

Yes, if the president declares martial law.

originally posted by: SleeperHasAwakened
Was listening to NPR yesterday, and I heard a comment during a news segment that even if Pres Trump had decided to move forward with the Tri-State (NY, NJ, CT) quarantine he was mulling over last week, he does not have the legal authority to do so. That surprised me, as I had assumed that in times of crisis, war, widespread disaster, etc. our president would have authority to basically do what he/she feels necessary to protect the nation. I mean, if a US president can declare martial law, set curfews, basically keeping people confined to their homes for periods of time....how is it that he wouldn't be authorized to limit or stop inter-state travel?

Does a US president have legal authority to quarantine states? If not, then how would such a measure be implemented? Surely there must be some means of putting such restrictions in place.

Yes he does but its irrelevant...because he isn't. States are doing it themselves

originally posted by: choomsuba
Yes, if the president declares martial law.

Which does not exist.

originally posted by: Oathkeeper73

originally posted by: SleeperHasAwakened
Was listening to NPR yesterday, and I heard a comment during a news segment that even if Pres Trump had decided to move forward with the Tri-State (NY, NJ, CT) quarantine he was mulling over last week, he does not have the legal authority to do so. That surprised me, as I had assumed that in times of crisis, war, widespread disaster, etc. our president would have authority to basically do what he/she feels necessary to protect the nation. I mean, if a US president can declare martial law, set curfews, basically keeping people confined to their homes for periods of time....how is it that he wouldn't be authorized to limit or stop inter-state travel?

Does a US president have legal authority to quarantine states? If not, then how would such a measure be implemented? Surely there must be some means of putting such restrictions in place.

Yes he does but its irrelevant...because he isn't. States are doing it themselves

Learn the Constitution and the powers given to the President.

a reply to: SleeperHasAwakened

yes it is in the constitution,

The Federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
Who has the authority to enforce isolation and quarantine because of a communicable disease?

Trump is the the U.S. Secretary of Health boss, also Trump can issuse EO's

Yes.

Plenty of cases of it happening.


en.m.wikipedia.org...

Pretty sure Lincoln declared martial law.



a reply to: Gothmog

??????

In a truly benevolent fashion President Trump is deferring to each state’s governor’s to make their own decisions, using the power of law enforcement and the National guard to enforce their edicts.

a reply to: Gothmog

a reply to: SleeperHasAwakened

Well, he's apt to cite all that Article II nonsense aka Trump's right to do whatever he wants.

Not that he likes to talk about it much.

originally posted by: lakenheath24
Pretty sure Lincoln declared martial law.



a reply to: Gothmog

Yes, he even suspended habeas corpus.

Not really.

The President has authority to limit travel between States and to of course stop Air Travel and travel from other nations. But he really can't force people to stay indoors or tell cities and States how to react. That is a State Right and even they are limited in what they may Constitutionally do.

There is quite a bit of attempting to bend the laws and Constitution going on right now and people are allowing things to slide under the guise of *safety and security."

I suspect Trump backed down on his NYC quarantine idea because some Constitutional lawyers schooled him.

An excellent article that explains this:

www.theatlantic.com...

a reply to: SleeperHasAwakened

Lets hope not.

One man being able to force 400million people to stay at home is not a free society.

Martial law doesn’t exist because President Trump has not declared it yet, that’s it!



a reply to: Gothmog

originally posted by: hounddoghowlie
a reply to: SleeperHasAwakened

yes it is in the constitution,

The Federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
Who has the authority to enforce isolation and quarantine because of a communicable disease?

Trump is the the U.S. Secretary of Health boss, also Trump can issuse EO's

Nope
That would be Alex Azar.

originally posted by: choomsuba
Martial law doesn’t exist because President Trump has not declared it yet, that’s it!



a reply to: Gothmog

Martial Law does not exist , period .

originally posted by: choomsuba
??????

In a truly benevolent fashion President Trump is deferring to each state’s governor’s to make their own decisions, using the power of law enforcement and the National guard to enforce their edicts.

a reply to: Gothmog

Yes , as it should be .

originally posted by: lakenheath24
Pretty sure Lincoln declared martial law.



a reply to: Gothmog

Which was declared unconstitutional by the Supreme Court as long as the lower courts still had sessions
Done.
Next

Like I said , martial law DOES NOT EXIST

You are in deep denial, the power for the president to declare martial law DOES exist, I suspect you are just panicking at the thought of the “orange man” doing it!


a reply to: Gothmog

originally posted by: Gothmog

originally posted by: choomsuba
Martial law doesn’t exist because President Trump has not declared it yet, that’s it!



a reply to: Gothmog

Martial Law does not exist , period .

The military thinks it does....

www.militarytimes.com...

www.usconstitution.net...