The United States Constitution divided the governmental powers between the national government
and the states. The national powers dealt with international trade, relations with other countries,
including declaring war, and the power to regulate interstate commerce to control trade wars
between the states. Most federal laws and regulations to protect public health depend on the
commerce power. There is a great debate over whether the federal government has the right to
exercise the police power outside of the commerce clause.
The states retained the Draconian powers they exercised during the colonial and Articles of
Confederation periods. We call these powers to protect the public health and safety the police
powers. They predate the development of police departments by many decades and are restricted
to public health and safety actions. Since the founders knew the public health powers of the
colonies, which were retained when they declared independence from England, it is clear that the
constitution intends the state police powers to be broad
