The Conundrum of Constitutional Quarantine: We Hold These Truths to be Self-Evident.
April 29, 2020
Self-evident. That is how the Framers described our fundamental rights when we declared our independence from the British Empire. It was obvious to them that American citizens have rights that pre-exist government and that the US government’s purpose was to protect those rights (not provide them). More importantly it was obvious to them that those most fundamental rights could not be infringed on by the government without narrowly tailored action toward a compelling government interest, such as the protection of American lives from imminent death or serious bodily injury.
The Conundrum of Constitutional Quarantine: The Floundering Founders
April 27, 2020
Was 1918 the last time we were faced with the question of quarantine? No. It was only the last time we had to face the question in the context of a virus. The Pearl Harbor attacks, largely seen as the basis of our entry into WWII, eventually led the military to gather intelligence that there were thousands of Japanese spies across the west coast who presented an imminent threat to that area.
