Monday, March 2, 2020

Tough question:

So at what point , not having committed any crime, can the Federal or State government confine me to my home or other facility because I have CoronaVirus or other disease? How about curtailing my freedom to move about the country or to meet with others? 

I mean, my freedom to travel or freedom to associate is a constitutionally guaranteed right.

But yet, the Common Good is often best served by quarantining people with a communicable disease.

"Emergency Powers" are all well and good, but the issue is that I don't trust government officials**, nor are their "Experts" often well enough educated to give actual good "expert" advice. Often the responses are at best made for convenience (of the government) and at worst chosen out of malice or prejudice.

I'm not sure where the line is, or where it should be.

Thoughts?

**  History has shown that government officials are often incompetent, be they law enforcement or otherwise, and often their decisions are shaded by ambition or politics....

5 comments:

  1. interesting. low trust with your government officials creates a myriad of problems. access to the 'net is a two-edged sword at best. not many people have the time or real background to assess the on-the-ground intel.
    my S.O. is the smartest person I know, and deals with 'math' data and analysis of things like this. my S.O. is paying attention, but is not overly concerned as of today. my personal concern is the administrative branches are ignoring and undermining the executive branch's attempts to follow well established protocols (Bush/SARS, Obama/Ebola, etc.) for things like this: (via Ace)

    "The best example of this was the decision to fly back infected American passengers from the Diamond Princess. This fateful decision helped spread the virus inside the United States. President Trump had been told that nobody with the coronavirus would be flown to America. The State Department decided to do it anyway without telling him and only made the announcement shortly after the planes landed in the United States....At a State Department briefing, Dr. William Walters stated that, 'The chief of mission, right, through the U.S. embassy, is ultimately the head of all executive branch activities.' That is the problem. Right there..."

    Having been on the periphery of events like this and watched the responses of FedGovCo and the state/local minions, I would at least prepare for 2 weeks of isolation. bottled water, meds, pet food, ability to boil/heat food/water, + canned goods. you can do the prepper stuff (freeze dried) too. hell, we lost power for a few days (no water, lights, heat) was enough to convince me that it is my responsibility to care for my household and my neighbor(s) as best I can - and not expect our overlords to do much if anything at all.
    I am proposing to refer to this issue from now on as "The Walter's Flu".

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  2. I found myself wondering about this same topic over the weekend. Somewhat from an academic viewpoint (simply because I will self quarantine if circumstances dictate) I wondered whether, and by what clause, the Administration (federal, state or local) has the constitutional authority to mandate and enforce quarantine. May have to do some poking around to find out.

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  3. First search phrase yielded the following: https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

    Seems fairly clear cut from a "legal" perspective. Now if you want to bring the question of competency to make good decisions into the equation...

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  4. It is legally clear that it can be done. However there are problems with actual enforcement and compliance... sigh

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  5. quarantine has been used often in this country to try to stop the spread of illness.
    a house with small pox was isolated, as was one with typhoid, plaque, or even, at times measles..
    often persons breaking quarantine were shot on sight. glad that practice is no longer used.

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