MOTHER SUMMED IT UP PRETTY WELL

May 22, 2020

I loved Constitutional Law at UNC Law School.  I memorized the facts, rationale, and holding of every case assigned.  I even studied all the footnotes.  After all, the Constitution was the supreme law of the land.  I figured I’d better learn about it.  But about 300 cases later, I realized that listening to my mother could have saved me a lot of time. 

When I was around nine years old, during one of our many arguments, I told Mother that, “I have rights!  You can’t make me do that!”  Her response was, “Yes, you do have rights, but those rights end at the tip of your nose.” I came to learn that her statement was a great summary of Constitutional law.

As I watched menacing, armed men circle our state legislature demanding an end to the COVID-19 quarantine, I remembered my Mother’s words.  These men loudly proclaimed that they had a right of free speech and the right to bear arms. One yelled at a policeman, “That’s two of my constitutional rights you’re violating. You can’t do that!”

Obviously, the armed men had stopped after reading the first two amendments to the Constitution.  By not reading on, they missed the tenth amendment.  That amendment “trumps” the others.  It gives states the power to “regulate behavior” for the betterment of “the health, safety, morals, and general welfare” of their citizens. For well over 200 years, this law has authorized states to impose public health regulations including quarantine and isolation orders – even when those regulations impinge on individual rights guaranteed by the Constitution. 

One of the most famous US quarantine cases involved Mary Mallon.  Immigrating to the US from Ireland, she worked as a domestic for wealthy families.  She drew the attention of public health authorities when several of her employers’ family members became infected with typhoid fever.  It is estimated that she was responsible for 3000 typhoid infections in New York.  Many of her victims died.  As she was an asymptomatic carrier of the disease, her employers had not suspected that she was ill.

New York quarantined Mary to protect the public.  Mary sued for her freedom.  Eventually, the state agreed to turn her loose if she would agree to stop working as a cook.  Shortly after her release, she went back to cooking and infected no less than 25 more unsuspecting New Yorkers – two of whom died. The authorities placed Mary back in quarantine where she stayed for many years until her death.

North Carolina laws allow both State and local health authorities to quarantine and isolate persons who endanger the public health. Over the years, both state and federal courts have routinely upheld the states’ right and obligation to protect citizens from public health hazards.

So, Mom was right.  I do have certain rights – but my rights end when the exercise of those rights threatens the public health.  I can sneeze, but the government can require me to wear a face mask to help keep my germs from getting past the end of my nose. 

Thanks for reading. 

Patrice Walker