Know the Law Re: Quarantines!
Federal & State Quarantine Law | Pocket Edition | Know the Law
- Pocket Sized (5×8 inches) Print Version Availalble
- Frequently Asked Questions About Quarantine
- Federal Statutes and Regulations
- Links to Over 150 State Statutes About Quarantine
- Who Can Order a Quarantine?
- What a Quarantine Order is and What One Looks Like
- What Authority Federal Officials Have?
- What Authority State and Local Officials Have?
- How Long Quarantines Typically Last
- How Do You Get Food Water and Medical While Quarantined?
- When Can You Get a Hearing?
- Do You Get a Lawyer for the Hearing?
- Penalties for Violating a Quarantine Order
- Much Much More
Both the Federal government and the States have the power to quarantine persons, entities and areas.
For the Federal government, this power comes from the Commerce Clause of the Constitution. For states, the power comes from their police power to regulate the health and safety of their citizens, reserved to the states by the 10th Amendment to the Constitution.
The breakdown of this power results in the Federal government be able to regulate issues that are interstate and the States regulate issues that are entirely contained within the state. This split of power was confirmed by the Supreme Court in Gibbons v. Ogden, 22 U.S. 1 (1824).
The Commerce Clause power relating to quarantine has been enacted in statutes by Congress. These statues are reproduced in full in this book. Additionally, the statutes have implementing regulations, which are also produced in full in this book.
The states have also enacted quarantine statutes. The citation to these statutes is included in this book. The full statute cannot be included due to copyright laws. In the kindle version of the book, the statutes will link to the actual language. In the print copy, the statute citation can be copied and searched for online.
Local governments sometimes have quarantine powers. These are often in conjunction with a declaration of emergency. Because there are thousands of local counties and cities, review of local quarantine powers is beyond the scope of this book.
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