Originally Posted by BettyZ

Quick Constitutional law refresher:

We have a declared state of national emergency. But that doesn't allow for a federally-mandated 'lockdown.' The federal gov't has no police powers - the authority to regulate behavior and enforce order within a territory for the betterment of the health, safety, morals, and general welfare of the inhabitants within. That authority is reserved for the states under the Tenth Amendment.

The Constitutional right to travel freely is held under Article IV of the Constitution and the 14th Amendment. Both Shapiro v. Thompson and Saenz v. Roe have affirmed a Constitutional right to travel freely, and held that any government impingement on said right is subject to strict scrutiny.

Strict scrutiny requires that a law be struck down unless:

It is necessary to a "compelling state interest";

The law is "narrowly tailored" to achieving this compelling purpose;

That the law uses the "least restrictive means" to achieve the purpose.

In the case of states closing borders to citizens of other states, while stopping the spread of this contagion is certainly a compelling state interest, such a blanket ban is neither narrowly tailored nor the least restrictive means available to achieve this compelling interest.

Therefore, such bans or border closures are unconstitutional.

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