[penelopesire]

One thing I was wondering..Do border states have the right to close their border crossings without federal approval?

My guess is no because of ‘interstate commerce’ and such, but I don’t know for sure.

???

[Windflier]

Do border states have the right to close their border crossings without federal approval?

I think it's all a matter of enforcement, though I don't know what the particular federal laws concerning that are.

I don't see how the federal government can over-ride a state's sovereignty by forcing them to keep their own border open to international traffic.

The feds can try, but as I said, it's a matter of enforcement. Who's gonna stop a border state from closing off the traffic coming across the border into their state? Obama? Napolitano? LOL!

[ClancyJ]

You can close the border all you want - but what about those in the US that already have it?

It is already here. Complaining about closing borders does not do anything now. Would have been nice - but if you look at the numbers in the U.S. it is spreading quickly.

[The Pack Knight]

The "Dormant Commerce Clause" (the judicial doctrine which holds that the Interstate Commerce Clause precludes states from interfering in interstate commerce) has never been held to prevent states from exercising their "police power" to protect the public safety, morality, and, most relevant here, health. Without delving into the complexities of this doctrine (which has been the bane of many a law student), as long as the state's exercise of this authority is rationally related to serving these interests, and not just being used as a pretext to protect in-state businesses from interstate competition, then it will generally be held by the courts as constitutional.

Now, that's not to say closing the border might not run afoul of some other Constitutional provision or federal law, but I think it's fair to say that closing the border to protect the public health from a potential epidemic does not run afoul of the Commerce Clause, even in its broadest interpretation.

Of course, the clause right after the Commerce Clause empowers Congress "to establish a uniform Rule of Naturalization." Federal courts have held (and the US Supreme Court has affirmed one such case without opinion, Miranda v. Nelson, 351 F.Supp. 735) that this clause vests Congress with "the sole power and authority to determine and grant to aliens right of entry to and residence within the United States and their lawful pursuits therein." This, unfortunately, strongly suggests that states cannot, for any reason, deny entry to aliens who are legally within the United States under federal law. While that case didn't involve cross-border movement, but rather the right of a permanent resident alien to participate in a federal work-study program, there doesn't seem to be much room in that language for distinction.

So, in short, no, border states probably do not have the right to close their border crossings.