The Framers of the Constitution

The Framers of the Constitution wanted to preserve liberty. They did so by limiting government. In the current pandemic, could Congress pass a law that would go into effect requiring that 1. everyone must wear a mask when outdoors near other people, and 2. All cellphones must have an app that tracks everyone’s location? Ostensibly, the app would help government trace where people might spread COVID-19.

In your answer, please discuss separation of powers, checks and balances, substantive due process, and, briefly, public policy.

Sample Solution