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1 1 (March 27, 2020)

handle is hein.crs/govcwyr0001 and id is 1 raw text is: Resarh Servi kM- COVID-19 Response: Constitutional Protections for Private Property March 27, 2020 As communities respond to the Coronavirus Disease 2019 (COVID-19) pandemic, the interests of governments and property owners may clash. Governments have an interest in controlling spread of the disease, providing testing and treatment, and helping individuals and businesses cope with widespread disruptions of daily life. State and local governments pursue these interests through their police powers, which give them broad latitude to take measures addressing public health, safety, and the general welfare of those within their jurisdictions. The federal government lacks a general federal authority akin to the police power. But acting under its enumerated authorities, including under the Commerce Clause and the General Welfare Clause (as supplemented by the Necessary and Proper Clause), Congress has ample power to enact legislation to deter the spread of COVID- 19, and indeed several laws enacted long before COVID- 19's outbreak afford the President and executive agencies significant discretion to take measures to curtail the outbreak. Exercising these broad powers, the federal government has curtailed international travel. Many state and local governments have prohibited dining in at restaurants and bars, halted residential evictions for delinquent rent, and ordered casinos, gyms, and theaters closed. Several states and municipalities have gone further, adopting stay.-at-home measures to limit residents' travel and the operation of non- essential businesses. More such measures may be on the horizon. On March 19, 2020, President Donald J. Trump raised the possibility of invoking the Defense Production Act (DPA), which includes authority to require acceptance and performance under contracts or orders that the President finds necessary or appropriate to promote the national defense. A business that is able to fulfill a DPA contract generally must accept the contract and may need to give it preference over any non-DPA work. Thus, for example, a distillery required to produce hand sanitizer for a DPA contract may need to scale back its liquor production. Many of these measures may impair a person's use of their property, directly or indirectly. For example, the airline with airplanes sitting idle on account of travel restrictions cannot use a capital investment, while a company required by the government to manufacture face masks could not prioritize other work. For the most part, property owners have to accept limitations on their private property rights. The Supreme Court has recognized that Congress routinely creates burdens for some that directly benefit others, and that a State in the exercise of its police power may adopt reasonable restrictions on private property. In limited circumstances, though, the Constitution requires federal or state governments to Congressional Research Service https://crsreports.congress.gov LSB10434 CRS Lega Sidebar Prepaed for Membeivs and Cornm ittees o4 Co.qrg ess ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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