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Morning Briefing

Summaries of health policy coverage from major news organizations

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Wednesday, Apr 15 2020

Full Issue

Trump Retreats On Claim That He Has Total Authority Over States' Decision To Reopen Amid Governors' Outcry

New York Gov. Andrew Cuomo even threatened legal action if President Donald Trump tried to interfere with the decision to lift New York's shut-down orders. And it wasn't just Democrats who balked at Trump's claim he is the final decider on when the country reopens. For some Republicans, Trump鈥檚 statements sounded like a direct repudiation of a long-standing conservative legal principle.

Hours after suggesting that the bipartisan concerns of governors about his assertion of power would amount to an insurrection, Trump abruptly reversed course Tuesday, saying he would leave it to governors to determine the right time and manner to revive activity in their states. He said he would be speaking with governors, probably on Thursday, to discuss his plans. 鈥淭he governors are responsible,鈥 Trump said. 鈥淭hey have to take charge.鈥 Still, he insisted, 鈥淭he governors will be very, very respectful of the presidency.鈥 (Colvin and Miller, 4/15)

President Donald Trump insists there are 鈥渘umerous provisions鈥 in the Constitution to support his view that he has 鈥渢otal authority鈥 to order states to open their economies as the coronavirus pandemic roils. He did not enumerate what they were. And the consensus among constitutional scholars is that鈥檚 because they don鈥檛 exist. (Tackett, 4/14)

Cuomo said the president鈥檚 claim of total authority is 鈥渘ot an accurate statement,鈥 because the basic principle of federalism is enshrined in the Constitution, in which powers not given to the federal government remain with the states. 鈥淭he statement that he has total authority over the states and the nation cannot go uncorrected,鈥 Cuomo said. 鈥淭here are many things that you can debate in the Constitution because they鈥檙e ambiguous. This is not ambiguous.鈥 (Kim, Dawsey and Dennis, 4/14)

Cuomo even threatened legal action if Trump 鈥渙rdered me to reopen in a way that would endanger the public health鈥 of New Yorkers. 鈥淲e would have a constitutional challenge between the state and the federal government, and that would go into the courts, and that would be the worst possible thing he could do at this moment,鈥 the governor said in a separate interview on CNN鈥檚 鈥淣ew Day.鈥 (Forgey and Oprysko, 4/14)

President Donald Trump鈥檚 bold claims that he has the ultimate power to order states to rev up their economies seemed certain 鈥 and perhaps designed 鈥 to provoke his critics on the left. What was more surprising was the even stronger backlash Trump鈥檚 swagger immediately drew from the right, including from voices normally loath to cross the president. (Gerstein, 4/14)

After declaring independence from Britain and shaking off the yoke of King George III, the Founders of the United States adopted a system of government in which power would be split between the states and a centralized federal government. The federal government has enumerated powers that it cannot expand, but the state legislatures are free to adopt powers not explicitly forbidden by their constitutions or the U.S. Constitution, according to Robert F. Williams, an expert on state constitutional law at Rutgers University Law School in Camden, N.J. (Rizzo, 4/14)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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