After weeks of his advisers pointing out that Republicans believe in states’ rights to explain why this is a states’ decision, the president asserts that no, it’s his. https://t.co/egjFuATDsl— Maggie Haberman (@maggieNYT) April 13, 2020
That's the political read on Trump's assertion. The legal/constitutional one is that he's full of shit, and doesn't have the authority he claims to have.
Note, first, he declares himself all powerful, but says he won't use his power unless he has to. Meaning he won't use it, because then he'd be responsible if things went to shit (as they surely would) if all restrictions were lifted as of May 1 and all businesses reopened.
Businesses won't re-open on the President's command for a very simple reason: they didn't close at his command. And they don't want the reputation as disease vectors and sources of contagion. Imagine the damage that reputation would to do restaurants, shopping malls, movie theaters. No responsible business owner is going to take that risk.
The police power (as the law calls it) resides with the states, and it can be damned near absolute in a state of emergency or public health crisis. But it does not reside with the President. Remember when Trump said he was going to "quarantine" New York state and New Jersey, because DeSantis in Florida was complaining about the number of people traveling to his state from those states? That didn't go anywhere because he has no such authority; and it isn't simply a matter of "states rights" (which is more a political than a legal issue). But don't take my word for it:
Federal statutory authority to quarantine is limited to “any individual reasonably believed to be infected with a communicable disease.” No such authority empowers executive officials to quarantine on a statewide basis. Nor does POTUS have any such power under Article II.— Laurence Tribe (@tribelaw) March 28, 2020
This is beyond Trump’s power. Congress has delegated to the president broad powers over foreign immigration but not power to restrict movement within or among the states. Such powers are reserved by the 9th & 10th amendments to the states & the people. https://t.co/sphT3hn2sl— Laurence Tribe (@tribelaw) March 28, 2020
And if that's not direct enough for you:
Memo to POTUS: Your claim to have “absolute authority” to force states to end social distancing and reopen shuttered businesses is sheer nonsense. That’s purely a state prerogative under our Constitution. You might try reading it sometime.— Laurence Tribe (@tribelaw) April 11, 2020
(And even the states can't order businesses to open who choose not to, for the fears I mentioned above.)
Trump is blustering, as he likes to do. When it comes down to being responsible, though, he'll claim (at best) he's discussed it with the governors (he didn't discuss the quarantine with Cuomo) and they have agreed with him on what to do. Once again he'll run out in front of the parade and claim to be leading it.
The man is as useless as tits on a boar hog.
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