Quarantine…Can they do that?

Quarantine…Can they do that?

The United States Constitution grants citizens many rights including the right to peacefully assemble, but there are times when it is necessary to restrict these rights. One such time is when public health must be protected from highly communicable diseases. The authority for the federal government to separate those who are ill with one of these diseases (Isolation) or to restrict the movement of those exposed to the disease even if they do not show symptoms yet (Quarantine) is derived from the Commerce Clause of the United States constitution. States and cities derive additional powers to manage public health emergencies under their authority to police citizens within their borders. The Center for Disease Control and Prevention (CDC) has been granted the authority to carry out the functions of isolation and quarantine on a daily basis. To read more about their role visit Quarantine and Isolation: Legal Authorities for Public Health Orders.

To delve into the topic of federal authority to isolate and quarantine in more depth, it is helpful to reference the United States Code (codified laws of the United States) and the Code of Federal Regulations (codified federal regulations) for specific laws and regulations. This can be found in physical form at the Edmon Low Library at Oklahoma State University or online at Govinfo.gov. Below are some specific laws and regulations that might be of interest in your research:

United States Code