Sevion DaCosta ’21, Tara Mehra ’22, Marshall Bessey ’22 at the Rose Institute:
As President Joe Biden assumes office after a contentious election and transition, the focus shifts back to two important aspects of daily life: the economy and COVID-19 response. A divided Congress has just worked through Biden’s proposed stimulus package. Please read our CARES Package report here,[1] to learn more about the first stimulus package passed, and its impact on state and local government. Federal and state governments will continue to play important roles in the distribution of Coronavirus vaccines in the coming months. This paper explores, using a theoretical approach based on current circumstances, the questions regarding the constitutionality of a national mask and vaccinations mandate. The focus will be on the federalism legal arguments for and against a national mask mandate and will be extrapolated to include vaccine mandates and what one may see in exigent circumstances.