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:
https://scholar.princeton.edu/kewhitt/home

Related links and Differing Views:

Federalism vs. coronavirus - who has the power to fight the pandemic?
https://www.aei.org/op-eds/federalism-vs-coronavirus-who-has-the-power-to-fight-pandemic/

Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
https://www.justsecurity.org/69880/federal-vs-state-powers-in-rush-to-reopen-amid-coronavirus-pandemic/

Two centuries of law guide legal approach to pandemic
https://www.americanbar.org/news/abanews/publications/youraba/2020/youraba-april-2020/law-guides-legal-approach-to-pandemic/

The president, the governors and the path out of the pandemic
https://thehill.com/opinion/white-house/493297-the-president-the-governors-and-the-path-out-of-the-pandemic

A Constitutional Guide to Emergency Powers
https://www.heritage.org/the-constitution/commentary/constitutional-guide-emergency-powers