The COVID pandemic has witnessed the exercise of state “police powers” on a scale and scope unprecedented in America’s peacetime history. Out of fear of contagion, massive amounts of private property in the form of shops, restaurants, bars, and other businesses were peremptorily seized and shuttered. The rights of landlords to collect rents and evict tenants were suspended. The ability of people to cross from one state to another was hobbled by regulations, quarantines, and delays. And most of this was accomplished by governors and mayors acting by decree, with only the most tenuous of statutory authorizations.
Read MoreCommentary: How States Could Assume Abandoned Responsibilities of the National Government
