(What happens when an unstoppable virus hits an irrestistable urge for more power?)
The Daily Sheeple
October 19th, 2014
President Obama … has a hardcore solution for Americans who are potentially suffering from Ebola. He’ll just increase the police state another notch.
“What I have directed the CDC to do is that as soon as somebody is diagnosed with Ebola then we want a rapid response team, a SWAT team essentially, from the CDC, to be on the ground as quickly as possible. Hopefully within 24 hours.”. …
… The Constitution doesn’t directly list the power to isolate or quarantine people as a power given to the federal government, so the power to take these severe measures is reserved to the states under the 10th Amendment.
In 1824, Supreme Court Chief Justice John Marshall’s opinion in Gibbons v. Ogden drew a clear line between the federal government and the state governments when it came to regulating activities within and between states.
(And here is where the federal power is supposed to come in:) Marshall’s decision also helped to define the Commerce Clause, and it is under the Commerce Clause that the federal government can impose isolation and quarantine conditions on people who travel between states, and on people entering and leaving the United States.
Under section 361 of the Public Health Service Act, the U.S. Secretary of Health and Human Services has the power to take measures to contain communicable diseases from foreign countries into the United States and between states. The Centers for Disease Control and Prevention (or CDC) acts on behalf of the Secretary in these matters.
But also under the Constitution, individuals have rights even in quarantine and isolation conditions. …
(And now, basically leaving the Constitution behind:) The federal government also has a seldom-used right to impose large-scale quarantines. The federal government last issued isolation and quarantine orders during the Spanish Flu pandemic in 1918 and 1919.
Federal public health and welfare statutes also give the federal government authority to isolate and quarantine persons with certain diseases, based on an executive order issued by President George W. Bush in 2003.
Executive Order 13295 lists Ebola as one of several diseases that if suspected, provide for “the apprehension, detention, or conditional release of individuals … .” …