The theme for discussion involves the analysis of two questions :
1. Where under our form of government do public health powers reside?
2. How should they be exercised ?
In dealing with the first of these questions it becomes necessary to call attention to a few fundamental principles and distinctions that apply to all forms of government. Obviously, in all governments power must be lodged somewhere, and on the seat of its lodgement depends the form of government. In a pure democracy all power resides in the people; in an absolute monarchy it resides in the ruler or king. Between these two antipodal forms of government many modifications exist, in which power varying in kind and degree is delegated to the legislative bodies or to officials, civic or military.
Every governmental power, therefore, that is true to the type of government to which it belongs must be derived from
SANDERS WH. PUBLIC HEALTH POWERS.WHERE UNDER OUR FORM OF GOVERNMENT DO THEY RESIDE AND HOW SHOULD THEY BE EXERCISED?. JAMA. 1903;XLI(14):838–847. doi:10.1001/jama.1903.92490330018001e