American Legal History

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EmilyProject 3 - 13 Nov 2009 - Main.EmilyByrne
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 I'm looking at quarantine laws between roughly 1870 and 1920, to see how the States and federal government worked together. There's a few reasons I chose this era: it spans a few epidemics (principally yellow fever), and the unsuccessful creation of a federal body (the National Board of Health) to regulate quarantine uniformly in cases where States failed. But in the end (around 1883, an unconfirmed source reports: http://www.pbs.org/wgbh/nova/typhoid/quarantine.html) the Board failed. I'm curious why it failed.
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 Louisiana v Texas 176 US 1 (1900) held that there was no interstate federal jurisdiction merely because the quarantine actions of one state (Texas) hurt those of another (Louisiana). The facts of the case concerned the Texan embargo on interstate trade during the yellow fever outbreak in 1899. The Supreme Court point-blank refused to get involved: http://supreme.justia.com/us/176/1/case.html
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<		-- EmilyByrne - 14 Nov 2009
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Important Acts:

1) "An act to prevent the introduction of infectious or contagious diseases into the United States, and to establish a national board of health" 45th Congress, Session III, 1879 20 Stat 484. 2) "An act granting additional quarantine powers and imposing additional duties upon the Marine Hospital Service" 27 Stat 449 Ch 114, 52nd Congress, approved February 15 1893. Section 9 of this Act repeals the 1879 act above.

-- EmilyByrne - 13 Nov 2009

 

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<		Help Request: does anyone know a good way to find early acts of Congress? The one I'm looking for is called "An act granting additional quarantine powers and imposing additional duties upon the Marine Hospital Service" and it was approved February 15 1893.
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>		Help Request: does anyone know a good way to find early acts of Congress? I have them in hardcopy, and am trying to find them in a public source electronic form.
 -- EmilyByrne - 13 Nov 2009
 
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