The Founding Fathers Would’ve Been Pro-Face Mask

(Bloomberg Opinion) -- During a smallpox outbreak in March 1662, officials in East Hampton, near the eastern tip of New York’s Long Island,(1) tried to cut off movement between the town and surrounding Indian villages. “It is ordered that no Indian shall come to towne into the street after sufficient notice upon penalty of 5s. or be whipped until they be free of the smallpoxe,” they decreed. Town residents who visited nearby “wigwams” were to suffer the same punishment.

Year-round residents of East Hampton might have welcomed such a restriction this March, when rich New Yorkers fled the city for their summer homes in the Hamptons and elsewhere, in some cases bringing the new coronavirus with them. Now, the states of New York, New Jersey and Connecticut are requiring travelers from 22 states where Covid-19 is on the rise to self-quarantine for 14 days after arrival. No whippings await those who flout the rules, but a fine of up to $10,000 might.

The limitations on movement, commerce and fashion (by which I mean face-mask mandates) that have been imposed to fight Covid-19 in the U.S. this year have been decried in some quarters as unprecedented and unconstitutional affronts to liberty. As is apparent from the historical example above, there’s nothing unprecedented about restricting freedom in the name of fighting infectious disease. There’s nothing unconstitutional either: The U.S. Supreme Court explicitly endorsed state quarantine powers in 1824, and though citizens have occasionally challenged the application of those powers as violations of the due process clauses of the Fifth and 14th Amendments, they have usually lost their court cases.

Still, it is at least conceivable that some measures used this year to slow the spread of Covid-19 have been so harsh and so disproportionate that they represent a break with this country’s disease-fighting history and values. A couple of questions posed recently on Newsmax by Stephen B. Presser, an emeritus professor at the Northwestern University Pritzker School of Law and a critic of coronavirus lockdowns, put matters nicely if hyperbolically in focus:

Would George Washington, Alexander Hamilton, or Thomas Jefferson wear facemasks?

Would they have closed down American society, abrogating all constitutional rights and freedoms out of fear of a pandemic?

The answer to the first is easy. Yes, they probably would wear face masks. Washington, Hamilton and Jefferson were all creatures of the Enlightenment, firm believers in science and in progress. Not every Founding Father was like that (John Adams had his doubts about progress), but the three that Presser cites certainly were.