President Trump on Monday claimed that he, not state governors, has the ultimate authority to loosen restrictions on states as the coronavirus outbreak eases, an assertion disputed by legal experts.
“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 tweeted Monday morning.
“It is the decision of the President, and for many good reasons. With that being said, the Administration and I are working closely with the Governors, and this will continue,” Trump continued. “A decision by me, in conjunction with the Governors and input from others, will be made shortly!”
However, legal experts who spoke to The Hill said that, while Trump can issue federal regulations to prevent the spread of diseases, he does not have the authority to reverse a public health restriction put in place at the state or local level.
“The president can issue reasonable necessary federal-level quarantine orders,” said Elie Honig, a legal analyst and former federal prosecutor in New York. “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.”
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Trump claims he, not governors, has authority on opening state economies https://t.co/9PjST7oHuY pic.twitter.com/jse8PUGeUz
— The Hill (@thehill) April 13, 2020
This is completely wrong. https://t.co/V8aPEMrkXv
— David French (@DavidAFrench) April 13, 2020
This is 100% wrong and I have no idea why Trump would want to take responsibility for a decision that clearly isn't his.
The decision is strictly in the hands of individual Governors, but they can and should rely on federal guidance. https://t.co/uZpFCVMAqy
— (((AG))) (@AGHamilton29) April 13, 2020
Lawsplainers, ASSEMBLE https://t.co/DYF87zfSY3 pic.twitter.com/00cGh7in4B
— Jonah Goldberg (@JonahDispatch) April 13, 2020
Sadly true. Not the party I joined as a young voter 40 years ago. https://t.co/8zVABNQCtU
— Tom Nichols (@RadioFreeTom) April 13, 2020
"I have never read the Constitution. But even better, no one in my base has, either."#Prolefeed https://t.co/UqUzWqak5P
— Tom Nichols (@RadioFreeTom) April 13, 2020
Good luck Little Donnie with trying to countermand a governor’s order. In my state we have an AG who will not hesitate to fight him tooth and nail.
Maybe if you hadn’t taken such a hard line with the states when they asked for equipment and supplies to fight this virus, maybe the governors would be willing to work with you on a time frame and a plan to reopen the economy. But you decided to play the dictator and tough guy. Well, good luck getting the country moving without a fight.
Wow, Trump now saying that states were able to close schools because “I let that happen.“ He has no power over any of this. Lots of accordion hands on these answers now.
— Tom Nichols (@RadioFreeTom) April 13, 2020
President Trump: "When somebody's the president of the United States, the authority is total." pic.twitter.com/ZqM7VqswA5
— The Hill (@thehill) April 13, 2020
Well, my state (PA) and a few others here in the East are working on their own plan to reopen. Other states elsewhere are also banding together to do the same.
In other words: We’ll open on our own terms. And Donnie, you can do something anatomically impossible to yourself.
If Obama took this position on the power of the states, federalism, and the 10th Amendment, the entire GOP would be assembling a gibbet on the Oval.
— Rick Wilson (@TheRickWilson) April 13, 2020
Memo to White House reporters: when Trump talks about the constitution, somebody please ask him whether he thinks the powers in article 9 give him absolute authority. Or article 8 or article 10. Just pick any number over 7
— Norman Ornstein (@NormOrnstein) April 13, 2020
"When somebody is President of the United States, the authority is total."
Imagine Republicans if any other president said something as completely crazy as that.
— Tom Nichols (@RadioFreeTom) April 13, 2020
Excellent q from reporter: "You said the president's authority is total. That is not true."
Trump: "We're going to write up a paper on this."
Journo: Who told you this?
Trump: Enough.
— Tom Nichols (@RadioFreeTom) April 13, 2020
Pence now quivering as he's asked if he supports the President's "l'etat c'est moi" theory of the Constitution.
Never another word from a GOP official or voter about limited government again.
Not. One. Word.— Tom Nichols (@RadioFreeTom) April 13, 2020
The president of the United States' authority is not "total" in this or nearly anything else. If Obama ever said anything like that, talk radio conservatives would set themselves on fire.
— Jonah Goldberg (@JonahDispatch) April 13, 2020
POTUS cannot take away your free speech or your 2nd amendment rights. He doesn't have the authority to tell you to stay home or leave home. He doesn't have authority to tell states to tell you to either — and if he managed it, it would require Congressional authorization. 2/
— Jonah Goldberg (@JonahDispatch) April 13, 2020And if any conservative — including Mike Pence who's dancing as I type this — says POTUS has anything like those powers they are violating vast swaths of what conservatives claimed to believe before Trump became president. 4/
— Jonah Goldberg (@JonahDispatch) April 13, 2020Completely false. He's really doubling down on falsely stating his own authority today. https://t.co/xpWqfMgzIb
— David French (@DavidAFrench) April 13, 2020
—@kaitlancollins to Trump: "You said when someone is President of the United States, their authority is total. That is not true. Who told you that?" pic.twitter.com/pTwcQdZMql
— Oliver Darcy (@oliverdarcy) April 13, 2020
This is an indisputable statement of authoritarianism. Retweet this and copy your Republican friends & followers. There is nothing but denial of the obvious. Shame them with his words. Shame them if they have any decency left. https://t.co/p2iT4Vsreu
— Mike Madrid (@madrid_mike) April 14, 2020
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