Quote:
Originally Posted by Gzesh
As for Gibbons v Ogden, I am not sure why you would cite that case as any sort of precedent for your claim.. You may want to explain that; the Gibbons case was when the Federal government ran the table with the Commerce Clause.
Gibbons v Ogden speaks on the quarantine power of the state. A quote from the decision:
"[Inspection laws] form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass."
This was not the main purpose of the case, but more of an illustration of a point. In Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of
Health, a case more directly dealing with state quarantine powers, the Court said:
"That from an early day the power of the states to enact and enforce quarantine laws for the safety and the protection of the health of their inhabitants has been recognized by Congress, is beyond question. That until Congress has exercised its power on the subject, such state quarantine laws and state laws for the purpose of preventing, eradicating, or controlling the spread of contagious or infectious diseases, are not repugnant to the Constitution of the United States, although their operation affects interstate or foreign commerce, is not an open question."
It has always been considered the province of state government to protect public health. This is the exact sort of long-standing understanding of state powers that the Tenth Amendment was meant to cover.
This power extends to making people do things against their will. See, for example, Jacobson v. Massachusuetts, which upheld the constitutionality of compulsory vaccinations.
"The police power of a State embraces such reasonable regulations relating to matters completely within its territory, and not affecting the people of other States, established directly by legislative enactment, as will protect the public health and safety."
The quarantine power of the state should be considered settled at this point. We shouldn't be arguing about whether it is constitutional. A quarantine would not be constitutional if it were unreasonable and arbitrary, but I suspect that questioning medical experts would find a consensus that quarantining interstate travelers is a very reasonable measure if you want to stop the spread of COVID-19.