DisneyCane
Well-Known Member
Congress has the power to regulate interstate commerce, not travel.The Constitution's Commerce Clause has given Congress a lot of power in regulating interstate travel. If they create a law regarding interstate travel and give the President or one of the Federal agencies the authority to regulate and enforce whatever they enacted, then, theoretically, the President or an Agency can regulate interstate travel within the parameters of that Act, unless SCOTUS overrules all or part of that act as an overreach.
Whether there is such an Act that grants the Federal government such powers to ban travel to/from hotspot states that SCOTUS is OK with and the Biden administration wants to enact... that's all debatable.
However, I'd like to point out that the **idea** of banning interstate travel (or at least imposing onerous two week quarantines without proof they were infected) was the brainchild of one Governor DeSantis as he tried to keep out people from the Tri-State area from Florida.
It's strange he doesn't like the idea of the Federal government picking up his worthy ideas!!!
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
The only constitutional authority which can be interpreted to allow any kind of travel restrictions would be Section 8 where it states:
provide for the common Defence and general Welfare of the United States
but Congress certainly doesn't have "a lot of power in regulating insterstate travel," especially in regards to preventing people from interstate movement. If Congress had a lot of power in regulating interstate travel, they would have installed toll booths at all of the State borders a century ago!