Malcolm Rivera
The US Constitution outlines the federal government's structure and function and does not explicitly mention the safety of citizens. Instead, it grants states the inherent police power to protect public health and safety. This power is broad, but the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. The Fourteenth Amendment also states that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. While the Constitution does not explicitly mention safety, it does provide a framework for states to protect their residents' safety and well-being.
| Characteristics | Values |
|---|---|
| State "police powers" | Protect public health and safety |
| Fourteenth Amendment's due process clause | Limits how much a state can impact a person's life, liberty, or property |
| Fifth Amendment | States cannot deprive a person of life, liberty, or property without due process of law |
| Fourteenth Amendment | States cannot deprive a person of equal protection of the laws |
| Fourteenth Amendment | States cannot abridge the privileges or immunities of citizens of the United States |
| Tenth Amendment | Powers not explicitly granted to the federal government belong to the states |
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What You'll Learn
The Fourteenth Amendment's due process clause
Another important aspect of the Fourteenth Amendment's due process clause is substantive due process. This concept acknowledges that certain fundamental rights are so essential that the government cannot infringe upon them, even if procedural protections are provided. These unenumerated rights are not explicitly listed in the Constitution but are protected nonetheless. The Ninth Amendment supports this idea by indicating that the rights mentioned in the Constitution are not exhaustive, and other rights are retained by the people.
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State police powers
The US Constitution gives states inherent "police power" to protect public health and safety. This is a broad power, and states are generally tasked with protecting public safety, public health, and the general well-being of residents. This is known as "state police power". State legislatures can create laws to promote public safety under their reserved powers.
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, ensuring that public health regulations cannot violate a person's constitutional rights. The Fourteenth Amendment also states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States".
The Supreme Court has played a significant role in defining the scope of state police powers. In cases such as Berman v. Parker (1954), the Court recognised the broad nature of police power, encompassing areas like public safety, health, morality, peace, and law and order. However, the Court also acknowledged the difficulty of defining the exact limits of police power. In the Mugler v. Kansas case, the Court shifted its approach, indicating that it would invalidate state laws that were not adequately tied to public health, morals, or safety.
During the COVID-19 pandemic, complex issues arose regarding the balance between public health and safety measures and constitutional guarantees, such as freedom of religion. In Roman Catholic Diocese v. Cuomo, the Supreme Court ruled in favour of religious leaders, highlighting the delicate nature of state powers during public health crises.
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Federal government's police powers
The US Constitution gives states "police power" to protect public health and safety. This is a broad power, encompassing public safety, health, morals, public convenience, and general prosperity. 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 the Constitution imposes limits on this power through provisions like the Fifth and Fourteenth Amendments. For example, public health regulations cannot violate a person's constitutional rights. Governors can order quarantines during a public health emergency or impose curfews, but they must respect religious freedom, as seen in the case of Roman Catholic Diocese v. Cuomo during the COVID-19 pandemic.
While the states have broad police powers, the federal government's police powers are limited. The Constitution restricts the federal government's powers to areas that affect the country as a whole. In United States v. Lopez (1995), the Supreme Court ruled that the Constitution withholds a plenary police power from Congress. The Fourteenth Amendment also limits state police powers, and federal courts can intervene when states threaten the fundamental rights of their citizens.
The specific powers of the federal government are listed mostly in Article I and Article IV of the Constitution. For example, Article I allows Congress to exercise exclusive jurisdiction over Washington, D.C., and federal enclaves, which includes the power to ban murder in D.C.
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Public health and safety
The US Constitution gives states the inherent "police power" to protect public health and safety. This power is broad, but 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 the Constitution imposes limits on this power through provisions like the Fifth and Fourteenth Amendments.
Public health regulations cannot violate a person’s constitutional rights. However, the public health powers granted to the states are extensive. Governors can order quarantines during a public health emergency or direct people to stay in their homes if there are exceptions for food and other necessities. They can also impose curfews in the name of public health.
The Fourteenth Amendment limits the federal government’s powers to things that affect the country as a whole. Therefore, state and local governments are generally tasked with protecting public safety, public health, and the general well-being of residents. In this context, these responsibilities are known as state “police powers”. Under their reserved powers, state legislatures can also 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.
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 passage of the Reconstruction Amendments (13th, 14th, and 15th) gave the federal courts the authority to intervene when a state threatened the fundamental rights of its citizens. This led to the application of the Bill of Rights to the states through the Due Process Clause.
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Fundamental rights
The US Constitution outlines the federal government's structure and function and grants states the inherent "police power" to protect public health and safety. This power is broad, but 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 limitations on this power.
The Fourteenth Amendment states:
> No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment's privileges and immunities clause has been interpreted by the Supreme Court to protect civil rights, which it considers closely tied to life, liberty, and property. This interpretation allows for strict scrutiny of state laws and has formed the basis for many modern constitutional rulings.
While the Constitution does not explicitly outline fundamental rights, the passage of the Reconstruction Amendments (13th, 14th, and 15th) gave federal courts the authority to intervene when states threaten the fundamental rights of their citizens. Through selective incorporation, provisions of the first eight Amendments, such as free speech, freedom of religion, and protection against unreasonable searches and seizures, are applied against state governments.
State and local governments are generally responsible for protecting public safety, health, and the well-being of residents, and they have the power to create laws to promote public safety. However, as seen during the COVID-19 pandemic, these powers can be limited by other constitutional guarantees, such as freedom of religion.
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Frequently asked questions
No, there is no explicit mention of the "right to life and safety" in the US Constitution. However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property, and state governments are tasked with protecting public safety.
State governments have inherent "police power" to promote public safety, health, morals, and general prosperity. They can pass laws to maintain public order and protect citizens' welfare.
The Constitution limits the federal government's powers to issues that affect the country as a whole. The Tenth Amendment states that any powers not explicitly granted to the federal government are reserved for the states, including the power to promote public safety.
The Fourteenth Amendment limits state powers and protects civil rights. It ensures that states cannot make or enforce laws that abridge the privileges or immunities of US citizens. This includes the right to life, liberty, and property, which are protected by the due process clause.
The federal government has specific enumerated powers, while states have broader "police powers." The Fourteenth Amendment gave the federal government the authority to intervene when states threaten the fundamental rights of their citizens. This includes protecting citizens' safety and civil liberties.
