Federal Police Power (was victimless activities - a little public health info)

[Richards, Edward P.]

> a tiny comment on Richards' helpful post--the extra susceptibility of
> children to disease germs, as I understand it, is the reason
> that before
> hospitals became user friendly most of them used to refuse to allow
> children to visit patients (I'm talking about the 1950s).

That would make sense.  I have heard from an older doctor that part of the
"doctor persona" - the standoffishness and the like at home - came from fear of
spreading germs from the clinic to one's own childern.

> It
> seems from
> his post like this would be a good idea, as it would also be
> a good idea to
> shut down all bathhouses.  Would the federal commerce clause permit a
> FEDERAL law doing the latter, on the grounds that serious
> epidemics destroy
> our labor force.?

While I doubt that there is much barbecue sauce used, I suspect they could be
Ollie'd on the use of products in interstate commerce.  To the extent that there
are tourists involved, it would be interstate commerce directly.  I would be
interested in thoughts on a pure federal parens patria argument, or more on the
indirect harm argument, which is the old basis for the mayhem laws.  I know at
that the Centers for Disease Control's EIS (epidemic investigation service) will
not go into a state until invited by the state officials - sometimes this means
they do not get called if the state wants to keep something quiet.  I have
assumed this was courtesy, but might there be constitutional problems in their
dealing with purely local matters?

Ed