ABSTRACT

Falsehoods and the Patois of Pandemics-- A Playbook   [open pdf - 0B]

From the Document: "Dr. Richard Goodman did more than just help cobble together the lectures of Brachman and others lectures for the CDC [Centers for Disease Control and Prevention] 'Manual's' first edition. He also felt strongly that there needed to be a chapter on the law. 'We had a public health corps that was using powerful legal authorities but [was] never trained in the law,' Goodman told us. 'We wanted to remedy that.' Goodman actually went to law school part time so he could better understand the legal authorities public health officials could wield. Students of American constitutional law will be quite familiar with the patchwork of authorities cited in the 'Manual'. The government's power to protect public health and safety is shared by federal and state authorities. At the federal level, Article I, Section 8 of the Constitution grants Congress the power to provide for the 'general Welfare of the United States,' and the Commerce Clause allows for the oversight of health-related activities for public safety. Legislation must fit under the enumerated powers and not run afoul of the Bill of Rights, as understood and interpreted by the Supreme Court. To communicate or enforce its powers, the federal and state governments can use statues, regulations, proclamations, press conferences, and executive orders. Or, what has been the latest form of communications--social media. As has been evident during the current COVID-19 [coronavirus disease 2019] pandemic, the 'police power' of the state, which may be exercisable by a governor, is 'extensive.'"

Author:
Publisher:
Date:
2020
Series:
Copyright:
2020 Georgetown Law Center
Retrieved From:
Journal of National Security Law and Policy: https://jnslp.com/
Media Type:
application/pdf
Source:
Journal of National Security Law and Policy (2020), v.11 no.1, p.213-228
URL:
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