It appears that RichD <
r_delaney2001@yahoo.com> said:
In every state, to my knowledge, the governor has the
ultimate authority to declare a public health emergency,
and issue regulations. We've seen this play out for two
years, with much acrimony.
However, at the county level, with a local Board of
Health, there is some autonomy. I wonder, what is
the division of powers here?
In the US system, the states are sovereign except for the powers
delegated to the Federal government. So in this case, the local
board of health has exactly as much or as little authority as
the state says it has. I expect there's a lot of variation from
state to state.
Each state also has a constitution, all of which are longer and more
detailed than the Federal one* and it's possible that state
constitutions have may affect both what can be delegated, and how
it can be undelegated, as interpreted by state courts.
* - The US connstitution is 7600 words. The average state constitution
is 39,000, and the bizarre Alabama constitution is 389,000.
--
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John Levine,
johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
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