The Government Has a Lot More Emergency Powers Than Libertarians Like, but It Still Can’t Control Everything

In the last month, I’ve found myself in the awkward position of defending all sorts of outlandish government actions. Yes, the president really can requisition ventilators and masks from manufacturers that can produce them, under the Defense Production Act, but he has to pay for them. This is a rewrite of government‐​contracting law, not Harry Truman’s seizure of steel mills during the Korean War.

Yes, governors really can require travelers from coronavirus hotspots to self‐​quarantine, provided this also applies to returning residents, not just visitors. And yes, mayors can force businesses to close and stop people from congregating, assuming they don’t contradict what their governors are doing and otherwise follow applicable state law.

But how can I say that? Isn’t the Cato Institute a libertarian think tank dedicated to individual liberty, free markets, and limited government? And don’t I run Cato’s constitutional studies shop, which rails against government excess of all kinds?

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