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Setting Expectations for the Federal Role in Public Health Emergencies

Published online by Cambridge University Press:  01 January 2021

Extract

I would like to begin by discussing the legal and administrative framework of the role of the federal government in public health. At the heart of it is, of course, the Constitution. At the Department of Health and Human Services (HHS) we depend, as does much of the federal government, on our power to regulate interstate commerce. Since the Supreme Court in 1942 removed essentially any restraint from the meaning of interstate commerce in Wickard v. Filburn, the federal government has been regulating with wide latitude, in spite of small and, arguably, equivocal reverses in recent years. However, even though the Supreme Court no longer provides any real constitutional check on the federal government's interstate commerce power, some other restraints persist. For example, many parts of the health system have traditionally been deemed inherently state functions, such as the licensing and disciplining of doctors, nurses, and pharmacists, as well as the practice of medicine itself.

Type
Special Supplement
Copyright
Copyright © American Society of Law, Medicine and Ethics 2008

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References

Wickard v. Filburn, 317 U.S. 111 (1942).CrossRefGoogle Scholar
Posse Comitatus Act, 18 USC 1385 (1878).Google Scholar
Insurrection Act, 10 U.S.C. § 331 – 10 U.S.C. § 335.Google Scholar
Bioterrorism Act of 2002, 42 USC 201 et. seq.Google Scholar
Abbott, Tony, Minister for Health and Ageing, Bracing for the Worst, country report for Pandemic Flu Conference, Ottawa, October 25, 2005, available at <http://www.health.gov.au/internet/ministers/publishing.nsf/Content95038345EFC1995CCA2570A60081A274/File/ABBSP251005a.pdf> (last visited November 29, 2007).Google Scholar