I need the smart people to show me the errors in this, please

[Todd-'o'-Vision]

New 'Emergency Health Powers Act' is dangerous expansion of state power

WASHINGTON, DC -- A new proposal that would grant governors the power to declare a "bioterrorism emergency" -- then seize property, order public quarantines, and ration food, guns, and alcohol -- appears to be a classic case of government overreaction, say Libertarians.

"This proposed legislation, which has been introduced in a dozen states already, gives governors astonishing powers, under vaguely defined guidelines, to combat a bioterrorism emergency that may never happen," said Steve Dasbach, executive director of the Libertarian Party.

"Even in light of the September 11 terrorist attacks, Americans should be very reluctant to grant governors these sweeping powers. Just because something is done in the name of 'combating terrorism' doesn't make it right, or necessary, or constitutional."

The draft Model State Emergency Health Powers Act (MEHPA), written by the Centers for Disease Control, is designed to help state governments cope with a sudden outbreak of smallpox, anthrax, or other bioterrorism attack. Health experts predict that every state will consider the 40-page model legislation at some point this year.

The legislation:

* Gives governors the power to declare a public health emergency, without consulting public health officials, the legislature, or the courts.

* Defines infectious disease as any "disease caused by a living
organism," which "may, or may not, be transmissible from person to person, animal to person, or insect to person." Some health experts say the definition is so broad that it could include the outbreak of a dangerous flu or virus.

* Allows public health officials to mandate quarantines for people
suspected of having an "infectious disease," and require vaccinations and medical exams. Doctors could be forced to provide them, and fined if they refuse.

* Permits states to mobilize the "organized militia" to seize control of any private property the governor deems "reasonable and necessary" to cope with the emergency, such as "communication devices, real estate, fuels, food, clothing, and health care facilities."

* Allows the governor to destroy private property alleged to be
hazardous to public health, in some cases without compensation.

* Empowers the state to "control and restrict alcoholic beverages, firearms, explosives, and combustibles."

The first problem with granting governors such awesome powers is that the definition of an "emergency" is so vague, said Dasbach. According to MEHPA, a public health emergency is "an occurrence or imminent threat of an illness or health condition...caused by bioterrorism...that poses a substantial risk of a significant number of human fatalities."

"Is a significant number five, the number of Americans already killed by the anthrax attacks?" he asked. "Is it 500? Is it 5,000?
Unfortunately, if your state passes this legislation, a bioterrorism
attack will be whatever your governor says it is."

The second problem is that MEHPA appears to be an overreaction to a past government failure, said Dasbach.

"A primary function of the federal government, as defined in the
Constitution, is to protect Americans against foreign attack," he
noted. "On September 11, the government failed in that crucial role.

"Now, instead of reflexively expanding government power at the state level, perhaps it's time to ask why politicians were so unprepared in the first place.

"Perhaps, if they weren't so busy squandering tax money on things like sports stadiums, museums, welfare programs, and business subsidies, they might already have a sensible, practical, limited bioterrorism response in place -- instead of having to scramble to pass a hastily written law that, frankly, should make every American apprehensive."

I know there is something blatantly wrong, I just can't find it and I need to know cause Cretian Already slipped this by us about three months ago.

Got to love the Canadian politics Channel CPAC they tell you everything that our leader does after he has already done it and its to late to do a freaking thing about it.

At least you americans get rumours of what your leader is going to try and pull over on you

 

[Siren]

It is called..........

 

[Azwed]

Hmm

well the biggest problem I see is the first thing mentioned. That a governor can declare an emergancy without meeting with any health officials.

I mean how many governors do you think know enough about infectious deseases to do that. I doubt there is a single current governor who is also an MD. Few normal MD's have enough knowledge about how a infectious desase spreads to make that kind of call either. You need to have an epidemiologist(sp?) for that.