President Trump is wrong about his ‘absolute authority’
By Erwin Chemerinsky
April 16, 2020
"President Trump is simply wrong as a matter of constitutional law when he claims that he has the authority to overrule the decision of governors and order the reopening of the economy.
On Monday, President Trump sent a tweet, “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 … It is the decision of the President, and for many good reasons.” Even more chilling, on Monday night, he said, “When somebody is the president of the United States, the authority is total.”
Such a statement is inconsistent with the most basic notions of checks and balances. As a matter of federalism, it is the states that have the power to issue quarantine and shelter-in-place orders. Absent a federal statute, and no such law exists, the president has no authority whatsoever to lift the public health orders imposed at the state and local level. President Trump can urge governors to do so, but he is limited to his powers of persuasion."
moar:
https://www.sfchronicle.com/opinion/openforum/article/President-Trump-is-wrong-about-his-absolute-15203935.php
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DIG THIS PUNK A NEW ASSHOLE Erwin Chemerinsky