The Biden administration has reportedly explored many ways of combating the spread of COVID-19, including making travel within the United States conditional on vaccination status. The consideration is mentioned in an article for Reason.com, citing information reported last week by The Associated Press:
"While more severe measures – such as mandating vaccines for interstate travel or changing how the federal government reimburses treatment for those who are unvaccinated and become ill with COVID-19 – have been discussed, the administration worried that they would be too polarizing for the moment. That's not to say they won't be implemented in the future, as public opinion continues to shift toward requiring vaccinations as a means to restore normalcy."
"Emergency powers for the executive branch [include] broad power in regulating who can enter the country," Hamilton began. "But when it comes to travel within states, that's solely within the province of governors and state legislators."
The attorney explained that the bulk of emergency power rests at the state level, not at the federal level – and that while the executive branch does have some authority concerning interstate travel, "they do not have the authority to apply blanket vaccination status perpetually as a mechanism to determine who can and who cannot travel between states."
Hamilton then pointed to the Privileges and Immunities Clause of the Constitution as allowing members of one state to enjoy the rights and privileges of members of another state.
"When you have those types of [interstate] measures imposed, you literally threaten the fabric of these United States of America," Hamilton argued.
"It would be imperative," he concluded, "that not if but when these power grabs continue that we have right-thinking Americans who stand up immediately to fight against them. Because when you have those who do have the tyrannical inclinations, there really seems to be no limitation on those inclinations beyond their own imaginations."
Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates AFN.net.