Hero's Path Palliative Care

Supporting families on their path of quality of life.

Links to Constitutional Considerations to Public Health Orders

Cato appears to be Libertarian in nature.  This piece covers the history of legal action and historical perspective:  "Bans on assembly, movement, and badly needed economic activity? Citizens of the early Republic went through all these and much more. Churches shut their doors. People were routinely cooped up in their homes — contrary to some recent speculation, there was no general practice of applying restrictions only to the sick. Not long after the adoption of the new Constitution, the nation’s capital of Philadelphia was struck with a deadly outbreak of yellow fever; persons fleeing the city in the direction of places like Baltimore were turned back at gunpoint, while Alexander Hamilton and his wife Eliza, after surviving the illness, had to undergo quarantine at the behest of authorities in Albany, N.Y. whence they had fled."

The entire article can be read here.

An attorney general in South Carolina speaks to the issue of policies to mandate community mask usage.  He says he believes them to be constitutional.  "the only way to know if someone’s constitutional rights have been violated by these ordinances would be on a case by case basis involving very specific facts. In other words, an otherwise lawful ordinance can be applied in a way that violates someone’s rights. Based on court precedent, simply requiring someone to wear a mask at the grocery store, or stop smoking in a restaurant, or be home before curfew does not constitute a violation of rights."

To see this newsarticle, please go here.

The New England Journal of Medicine speaks to the decision by the Wisconsin Supreme Court, striking down the public health orders.  "To prevent officials from trampling civil liberties during emergencies, some checks on their power are essential, but we believe the Wisconsin court grossly misapprehended how such checks ought to function. Emergency-powers statutes necessarily expand executive-branch authority during declared emergencies by delegating legislative “police powers” to the governor and health officials."

Read the entire perspective piece here.

Heritage.org is a conservative group.  This piece discusses the role of government, federal and state.  "Containing the Covid-19 epidemic will require citizens, states, private companies and the federal government to work together. One may hope the steps that have been taken so far will suffice. But emphasizing the sound constitutional and legal basis of these measures is important in reassuring the public that government can do what is necessary to secure the general welfare."

To read the entire article, go here.

The Constitution Center is a nonpartisan group that studies constitutional topics.  "one thing that's always struck me about issues of public health and the Constitution is we, we talk about rights. We talked about civil liberties, but we don't often talk about what are my responsibilities? What are my responsibilities as a citizen who is the beneficiary of all of these civil liberties that the US Constitution protects?"

To listen to this podcast (or read the transcript), go here.

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