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