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Soon after the Constitution was ratified, the states were forced to exercise their police power to combat an epidemic of yellow fever that raged in New York and Philadelphia. The flavor of that period was later captured in an argument before the Supreme Court:
The extreme nature of the actions, including isolating the federal government (sitting in Philadelphia at the time), was considered an appropriate response to the threat of yellow fever. The terrifying nature of these early epidemics predisposed the courts to grant public health authorities a free hand in their attempts to prevent the spread of disease:
Few cases have challenged the constitutionality of state actions taken to protect citizens from a communicable disease. The only successful attacks on such exercises of state police power have been based on federal preemption of state laws that restricted interstate commerce. Yet even interference with interstate commerce is not always fatal to health regulations. If a state regulation is substantially related to health and safety, the Supreme Court will uphold it. This is true even if the regulation interferes with interstate commerce, such as would result from a cordon sanitaria in which all travel is forbidden. From vaccinations to quarantines, laws enacted to protect society have been upheld even when they force individuals to sacrifice liberty and privacy.
[108]Bolduan C; Bolduan N: Public Health and Hygiene. 1941. [109]In re Halko. 246 Cal 2d 553, 556, 54 Cal Rptr 661, 663 (1966). [110]Smith v. Turner. 48 US (7 How) 283, 340-41 (1849). [111]Holmes v. Jennison. 39 US (14 Pet) 540, 616 (1840).
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