Jonah Patel
The US Constitution gives states the power to protect public health and safety, known as police powers. However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. This creates a tension between individual rights and public needs, which has been highlighted during the COVID-19 pandemic, with states imposing measures such as social distancing, isolation, and quarantine. The Constitution of Risk argues that constitutional rulemaking manages political risks, structuring and regulating risks arising from political life, such as executive coups or abuse of power.
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What You'll Learn
- The US Constitution gives states police power to protect public health and safety
- The Fourteenth Amendment limits state police powers
- State and local governments are constitutionally obligated to ensure public safety
- Public health regulations cannot violate a person's constitutional rights
- Governors can order quarantines during a public health emergency
The US Constitution gives states police power to protect public health and safety
The US Constitution gives states inherent "police power" to protect public health and safety. This power is broad, allowing states to regulate the use of private property and enforce land-use planning for the benefit of public health and safety. For example, in American Print Works v. Lawrence (1850), the New Jersey Supreme Court held that a particular officer could destroy buildings to prevent the spread of a fire.
However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. State and local governments are constitutionally obligated to ensure public safety, but they must do so within the boundaries of the Fifth and Fourteenth Amendments. Public health regulations cannot violate a person's constitutional rights. For instance, in Roman Catholic Diocese v. Cuomo, the Supreme Court sided with religious leaders, ruling that New York Governor Andrew Cuomo's executive order limiting attendance at religious services during the COVID-19 pandemic violated the freedom of religion.
The concept of police power in America was further expanded in a series of notable court cases in the late nineteenth and early twentieth centuries, including Commonwealth v. Alger (1851) and Jacobson v. Massachusetts (1905). These cases highlighted the nebulous definition of police power and its potential conflict with individual rights and freedoms.
State legislatures can create laws to promote public safety under their reserved powers. For example, in Penn Central Transp. Co. v. City of New York (1978), the Supreme Court upheld the police power of the state to preserve historic landmarks. The federal government, on the other hand, has limited police powers. In United States v. Lopez (1995), the Supreme Court ruled that the Constitution withholds a plenary police power from Congress.
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The Fourteenth Amendment limits state police powers
The Fourteenth Amendment of the U.S. Constitution protects individuals' right to liberty, but this right is not absolute. The U.S. Supreme Court has recognised that states have "police powers" to act to promote public health and safety. However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property.
The due process clause of the Fourteenth Amendment states that:
> ...nor shall any State deprive any person of life, liberty, or property, without due process of law;
The Fourteenth Amendment extends due process protections to actions by state governments. It limits the federal government's powers to areas that affect the country as a whole. State and local governments are tasked with protecting public safety, public health, and the general well-being of residents. These responsibilities are known as state "police powers".
State legislatures can create laws to promote public safety. For example, in Penn Central Transp. Co. v. City of New York (1978), the Supreme Court held that police power includes preserving historic landmarks. State and local governments can use land-use restrictions to enhance the quality of life and preserve the character and desirable features of a city.
The Fourteenth Amendment's equal protection clause also applies to state police power cases. It states that:
> [nor shall any State] deny to any person within its jurisdiction the equal protection of the laws.
While the Fourteenth Amendment limits state police powers, it does not preclude states from adopting policies to promote public safety and health. For example, the Court has upheld various measures to reduce fire hazards, such as prohibiting the storage of gasoline near dwellings and requiring the burial of gas storage tanks.
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State and local governments are constitutionally obligated to ensure public safety
The US Constitution gives states inherent "police power" to protect public health and safety. State and local governments are constitutionally obligated to ensure public safety and promote the general well-being of their residents. This is known as state "police power".
However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. The Fifth and Fourteenth Amendments impose limits on this power. Public health regulations cannot violate a person's constitutional rights. For example, in the case of Roman Catholic Diocese v. Cuomo, the Court sided with religious leaders when New York Governor Andrew Cuomo issued an executive order limiting attendance at religious services during the COVID-19 pandemic.
State legislatures can create laws to promote public safety. In the case of Penn Central Transp. Co. v. City of New York (1978), the Supreme Court held that police power includes preserving historic landmarks and that state and local governments can use land-use restrictions to “enhance the quality of life by preserving the character and desirable aesthetic features of the city”.
The federal government has limited police powers. In United States v. Lopez (1995), the Supreme Court ruled that the Constitution withholds a plenary police power from Congress. The division of police power in the United States is delineated in the Tenth Amendment, which states that powers not delegated to the federal government by the Constitution are reserved for the states.
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Public health regulations cannot violate a person's constitutional rights
The US Constitution gives states the inherent "police power" to protect public health and safety. This power is broad and allows states to act to promote public health and safety, but it is not absolute. The Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. As such, public health regulations cannot violate a person's constitutional rights.
The Fourteenth Amendment protects individuals' right to liberty, but this right is not absolute. In Jacobson v. Massachusetts, the seminal case on states' public health authority, the Supreme Court ruled that individual rights must sometimes give way to the protection of public health in the face of "great dangers". This case set a precedent for the government to implement restrictions for public health, such as mandatory vaccinations.
During the COVID-19 pandemic, there have been debates about whether mask mandates and restrictions on religious gatherings violate constitutional rights. Legal experts have generally agreed that these measures do not violate constitutional rights, as the government has the power to protect the health and welfare of its people.
While public health actions can constrain individual autonomy, they are generally constitutional under existing US Supreme Court precedent. However, the success of these measures depends on public compliance and effective enforcement, which can be challenging in a polarized political climate.
In conclusion, while states have broad powers to protect public health and safety, they must still respect individuals' constitutional rights. Public health regulations cannot violate these rights, and any restrictions on individual liberty must be justified by a compelling public health interest.
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Governors can order quarantines during a public health emergency
The US Constitution gives states "police power" to protect public health and safety. This power is broad, and it allows states to enact and enforce laws that protect life and property during an emergency. State and local governments are constitutionally obligated to ensure public safety. However, the Constitution imposes limits on this power through provisions like the Fifth and Fourteenth Amendments.
The Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. While the Fourteenth Amendment protects individuals' right to liberty, this right is not absolute. The US Supreme Court has recognised that states have "police powers", which enable them to act to promote public health and safety. However, states must act within the strictures of due process if their actions constrain individual liberty.
In the context of a public health emergency, governors can order quarantines or direct people to stay in their homes, provided there are exceptions for food and other necessities. They can also impose curfews in the name of public health. For example, during the COVID-19 pandemic, New York Governor Andrew Cuomo issued an executive order limiting attendance at religious services and other "non-essential" gatherings to combat the spread of the virus.
The power to order quarantines during a public health emergency is derived from the state's inherent "police power" to protect public health and safety. This power is typically delegated to the governor and other executive agencies, who must act within the laws' parameters. While the governor has the authority to issue emergency orders, there are checks and balances in place. For example, the legislative body generally has the authority to override executive actions, and a judge decides when emergency orders clash with civil rights.
In conclusion, governors can order quarantines during a public health emergency as part of their "police power" to protect public health and safety. However, they must act within the limits set by the Constitution and other applicable laws, and their actions may be subject to judicial review and oversight by the legislative body.
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Frequently asked questions
The US Constitution gives states inherent "police power" to protect public health and safety. However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. During public health crises, state and local officials must balance public health authority against individual liberty.
Social distancing, isolation and quarantine, and mandatory examination and treatment are examples of public health measures that have constitutional implications. For instance, in October 2020, New York Governor Andrew Cuomo issued an executive order limiting attendance at religious services and other “non-essential” gatherings to combat the COVID-19 pandemic. This order was challenged in court, with the Roman Catholic Diocese of Brooklyn and Agudath Israel of America suing to block its enforcement.
States must act within the strictures of due process if their actions constrain individual liberty. The Fourteenth Amendment protects individuals' right to liberty, but this right is not absolute. In Jacobson v. Massachusetts, the US Supreme Court provided guidance for determining when and which public health interventions are appropriate. It stated that individual rights must sometimes give way to the protection of public health in the face of “great dangers” if the state action meets certain criteria.
