The Partisan Transformation of American Public Health Law, 1918 to 2020
Bibliographic Data
| ID | 11032097 |
|---|---|
| Authors | John Fabian Witt (John Fabian Witt is with Yale Law School, Yale University, New Haven, CT., corresponding author) |
| Year | 2021 |
| Volume | 111 |
| Issue | 3 |
| Pages | 411-413 |
| Publication date | 2021-03-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | American Journal of Public Health (JOURNAL) |
| Journal identifiers | ISSN: 0090-0036 • E-ISSN: 1541-0048 |
| Publisher | American Public Health Association (PUBLISHER • US) |
| DOI | 10.2105/ajph.2020.306106 |
| PMID | 33566651 |
| OpenAlex | W3127847153 |
| Language | EN |
| References cited | 1 |
By the end of the 19th century, state supreme courts like Wisconsin's could say confidently that the police power to regulate for epidemics was essentially a law of overruling necessity, one that was coex tensive with self-protection and a part of the inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort and welfare of society (State v Burdge, 70 N W 347, 349, 1897) A federal court of appeals had no difficulty upholding the power of Alamance County, North Carolina, to prohibit a traveling amusement show from opening for business during the influenza pandemic (Benson v Walker, 274 F 622, 624, 4th Cir , 1921) In Michigan, the state supreme court majority struck down the state's emergency powers legislation on the theory that it unconstitutionally delegated the legislature's power- although the delegation at issue closely resembled broad delegations going back to 1918 and before (Midwest Inst of Health v Governor of Michigan, N W 2d, 22020 WL 5877599, Oct 2, 2020)
Constitutionality · Delegation · Governor · Legislation · Legislature · Political science · Power (physics) · State (computer science) · State legislature · Supreme court · Supreme Court Decisions · Engineering · Law · Public Health Policies and Education
| Citation velocity | historical |
|---|---|
| Highly cited | No |