In our federalist system, who has primary responsibility to ensure the health and safety of a local community during a national emergency? Professor Keith Whittington of Princeton University discusses how states have traditionally exerted their own authority as they see fit, particularly in a time of a health crisis, and how federal courts can monitor whether a state has unduly violated individual rights or interstate commerce.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Professor Keith Whittington:
Related links and Differing Views:
Federalism vs. coronavirus - who has the power to fight the pandemic?
Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
Two centuries of law guide legal approach to pandemic
The president, the governors and the path out of the pandemic
A Constitutional Guide to Emergency Powers