Trump: I have the authority to reopen economies in the states [Video]

WHAT YOU NEED TO KNOW:

• President Donald Trump insisted on a tweet on Monday that he has the authority, not the governors, to soften restricting guidelines in relation to COVID-19.
• According to The Hill, legal experts explained that while the president has the power to issue federal regulations, he does not have the prerogative to counter a public health restriction implemented at the local level.
• Governors announced their intention to build plans on reopening the economy in their respective states hours after Trump’s tweet.

President Donald Trump on Monday asserted that it is he, not the state governors, who has the total authority to relax guidelines pertaining to COVID-19 as the pandemic eases — an assertion challenged by legal officials.

In a tweet on Monday, the president said “For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect.”

Trump did not specifically cite, though, any legal authority to support his claim.

Legal professionals who spoke to The Hill said that Trump can issue federal regulations to mitigate the virus, but does not have the power to counter a public health restriction implemented at the state or local level.

Elie Honig, a legal analyst and former federal prosecutor in New York, said that “the president can issue reasonably necessary federal-level quarantine order… I don’t see any mechanism or constitutional principle that would apply here that would allow the president to come in and overrule the governors.”

In a Monday briefing, Trump argued that “numerous provisions” of the Constitution provide him such discretion which he did not specify. He also perceived his authority as commander in chief as “total.”

“The president of the United States has the authority to do what the president has the authority to do, which is very powerful… The president of the United States calls the shots,” he said.

Trump was backed up by Vice President Mike Pence, saying that the president’s authority during a national emergency is “unquestionably plenary.”

The president was eager to minimize the economic crisis due to COVID-19 and currently considering whether and when to soften the federal guidelines in areas with minimal hit. Trump is envisioned to announce a new council of business and medical experts aimed at reopening the economy this week.

While it is clear that the president has authority over changing federal health guidelines, legal experts suggest that state and local leaders do not need to follow the federal orders. They have the option to retain stringent measures by the time the president loosens them up.

Hours after Trump’s tweet, East and West Coast governors separately announced establishing plans to reopen the economy within their jurisdictions. The governors of New York, New Jersey, Connecticut, Pennsylvania, Delaware and Rhode Island will align together, while the governors of Washington, Oregon and California will work on their own collective plan.

Source: The Hill