At a time when the federal government, and especially the president, have declared that they will dictate health decisions to nearly every American, it is worthwhile to remember the words of our greatest Chief Justice—John Marshall. In reading his comment, you should recall that Justice Marshall was an advocate of a strong central government; this was not some states’ rights advocate speaking:

[I]nspection laws . . . form a portion of that immense mass of legislation, which embraces every thing within the territory of a State, not surrendered to the general government: all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass.
No direct general power over these objects is granted to Congress; and, consequently, they remain subject to State legislation.

Gibbons v. Odgen, 22 U.S. 1, 203 (1824).


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