So with all the talk going on about Ebola, we have some major health risk shout this break out inside the US.  Still every time I hear it I think of the old Ricola commercials…

EEEEBBBBOOOOLLLLAAAA

Ebola is no laughing matter though.  Good thing the CDC is on the job right?  Well technically speaking…

The CDC is Unconstitutional!

I’m sure there are tons of people putting on their best Minion Whaaaaaaaa! but there has been no authority granted to Congress to create any laws regarding this area.  This is not a treaty, tax, post office, import, interstate commerce, etc… issue therefore the Federal government has absolutely no authority what so ever.  I’m sure people will come up with various arguments against this but simply put all I have to point to is the powers written in the Constitution and the 10th Amendment.  Currently outside of controlling the borders there is nothing the Federal Government can do legally.  As it is right now, it is a power left to the States and People to address.

 

So I bet some of you are thinking…

You’re just a crazy anti-government Libertarian!

Maybe to some degree that is true.  I know for a fact that the government can not be trusted, it never could be and it never will be but that is a whole different issue.  Still the primary role of government is supposed to be to help protect the lives, rights, and liberties of the people.  Protecting the population from disease outbreak seem right in line with this but currently it should be unconstitutional.

 

So what’s the problem then?

The problem is there is a right way and a wrong way to handle these situations.  The proper way would be a clearly defined amendment to allow the government to address the issue without out violating the rights of its citizens or ignoring Congress and the judicial system.  A properly worded amendment needs to be made granting Congress the authority to legislate on contagious illnesses with a basic framework of behavior allowing them to create the CDC.  It also needs to clearly define what qualifies so it is not open ended and used as yet another tool to violate the rights and liberties of its citizens.  There should be judicial review requirements along with  Congressional involvement.  They should be controlled an monitoredand kept focused on preventing outbreaks and the spread of diseases with continued involvement from judges to insure they are not violating peoples rights.  They especially should not be funding targeted advertising against smoking or supporting political parties and their candidates.  These are tax payer dollars they are spending.

 

And the point is?

The point was that no government agency should have free rain to drag somebody off and contain them without being constantly monitored for abuse by the judiciary and congress.  They should do things the right way by passing an amendment to the constitution allowing Congress to setup and manage the CDC correctly. Any long term containment beyond 24 hours should require a judge to approve with regular reviews.  People should have assurance that their 4th Amendment rights (or any for that matter) will not be violated and anything discovered is not admissible in court.

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