The U.S. Constitution as the Legal Basis for Public Health in the U.S. :
The U.S. Constitution as the Legal Basis for Public Health in the U.S. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” 2 - Preamble to the United States Constitution
Four Types of U.S. Law that Affect Public Health :
Four Types of U.S. Law that Affect Public Health Constitutional
Statutory
Administrative
Judicial 3
Federal, State, and Local Public Health Powers: A Study in Decentralization :
Federal, State, and Local Public Health Powers: A Study in Decentralization The federal government has primary responsibility for preventing spread of disease from international sources and across state lines.
States develop their own public health systems and regulations.
Local governments have the authority to enact additional regulations and ordinances. 4
How Are the States’ Police Powers Used in Public Health? :
How Are the States’ Police Powers Used in Public Health? Basis
Police Powers
Isolation & Quarantine
Travel restrictions
Compulsory disease testing
Compelling individuals to act or to not act
Partner notification
Restrictions on police powers
Non-discrimination
Due Process 5
Communicable Disease Control Authority :
Communicable Disease Control Authority Basic constitutional power of government
Police power – a constitutional authority of government
Primarily state power/authority through:
Statutes
Administrative code
Regulations
Rules
It is the government’s duty to serve the public and the common good and well-being of the people. 6
References :
References Lamb, Amanda. (August 22, 2008). Raleigh man pleads guilty to public-health violation. Retrieved September 5, 2008, from http://www.wral.com/news/local/story/3419866
Turnock, Bernard J. (2004). Public Health: What It Is and How It Works (3rd ed.). Sudbury, MA: Jones and Bartlett Publishers. 7