ABOUT US  |  CONTACT US  |  RSS  |  ARCHIVE  |  2024-12-11  |  UPDATED: 1403/06/01 - 19:53:2 FA | AR | PS | EN
Talibans new law bans womens voices and faces             Iranian police shut down two illegal centers affiliated with German government             All of President Pezeshkians ministerial picks win parliaments vote of confidence             Wheres Bangladesh Heading after Popular Uprising?            Western Kabul residents say Taliban has failed to ensure security after bombing             Algerian Boxer Khelif files complaint over online harassment after gender row             Federalism in Afghanistan: Opportunities and Challenges             Formation of the Federalist Assembly of Afghanistan             Israel launches missile attack on outskirts of Damascus, killing Syrian civilians             UK national scandal: 20,000 mental health patients raped, sexually assaulted in NHS care             Three US troops killed, dozens injured in drone attack in Syria             Trump says NATO will not come to rescue if US attacked             Ukraine beset by $40m fraud in arms procurement amid war with Russia            US approves sale of F-16 jets to Turkey after Ankara ratifies Swedens NATO membership             UNSC to meet to discuss ICJ ruling on Israeli genocide in Gaza            


DATE PUBLISHED: 1399/01/26 - 19:05:0
VISIT: 991
SHARE WITH YOUR FRIENDS

Trump has little power to restart US economy


US President Donald Trump speaks during the daily briefing on the novel coronavirus, which causes COVID-19, in the Brady Briefing Room at the White House on April 13, 2020, in Washington, DC. (AFP photo)

US President Donald Trump said on Monday it was his decision when to reopen the US economy, which has been largely shut down to slow the spread of the novel coronavirus.

The Republican president also accused the news media of incorrectly saying US governors are largely the ones who decide when normal economic activity can resume.

But legal experts say a US president has quite limited power to order citizens back to their places of employment, or cities to reopen government buildings, transportation, or local businesses. Here is why.

What does the Constitution say about who makes decisions about public welfare?

The United States is a federalist system, meaning power is shared between a national and state governments.

Under the 10th Amendment of the US Constitution, state governments have power to police citizens and regulate public welfare. In the countrys early years, it was up to state and local authorities to lead the response to the yellow fever epidemic, not the federal government.

Reflecting these principles, "disaster response and aid is typically state-led and federally supported," said Steve Bunnell, the former top lawyer at the US Department of Homeland Security (DHS) and a partner at OMelveny & Myers.

This bottom-up, rather than top-down, approach to disaster relief makes sense from a policy perspective, said John Cohen, a former DHS official who teaches at Georgetown University.

"Usually, state and local officials on the ground have the best understanding of the issues affecting people in their states," Cohen said.

Can a US president override state-mandated "shelter in place" orders?

No. The Trump administration can issue nationwide guidance, but it would be unconstitutional for the president to override stay-at-home orders from governors, said Robert Chesney, a professor of national security law at the University of Texas. Mayors or county commissioners are on the same footing as governors, he said.

"This is Federalism 101: The president can advocate to his hearts content, but he cant actually commandeer the state governments to make them change their policies," Chesney said. "He has no such inherent authority, nor is there any federal statute that purports to give him such authority."

The social distancing policies Trump announced for slowing the spread of the novel coronavirus were merely guidelines, and the same goes for any newer, less restrictive policies he unveils, Chesney said.

"Those are guidelines. He can change his advice," Chesney said. "He is free to advocate. And that is an important part of the presidency - the bully pulpit."

Bunnell said many people look to the president for guidance, so Trumps advice will still affect the economy.

"The federal government has a role to play in setting recommendations, and the daily press briefings obviously have an effect on how people react," Bunnell said. "But in terms of legal authorities to override health and safety measures, Im not sure there are any direct tools that would accomplish that."

Can a US president order a business to stay open?

A federal agency thats a subset of DHS deemed some businesses "essential" on March 19. But the federal memo itself notes that state and local authorities are "ultimately in charge of implementing and executing response activities in communities under their jurisdiction."

The Defense Production Act, which lets the president "expedite and expand the supply of resources from the US industrial base," can be used to procure more tests and other medical equipment from companies. But that represents a fraction of the USs consumer-driven economy.

What about a US presidents emergency powers?

A federal law known as the National Emergencies Act (NEA) gives the president broad powers to respond to national emergencies, including the authority to redirect funds and suspend laws.

Trump invoked the Stafford Act and the NEA on March 13, as he declared a national emergency.

But the NEA is a poor fit for a president trying to encourage business as usual, Cohen said.

"It tends to give the president the authority to be more restrictive, not less restrictive," Cohen said. "It does not let the president say ‘disregard the restrictions of your state and local leaders."

 

(Source: Reuters)

 

LINK: https://www.ansarpress.com/english/15885


TAGS:






*
*

*



SEE ALSO

Israel launches missile attack on outskirts of Damascus, killing Syrian civilians


Ukraine beset by $40m fraud in arms procurement amid war with Russia


US approves sale of F-16 jets to Turkey after Ankara ratifies Swedens NATO membership


UNSC to meet to discuss ICJ ruling on Israeli genocide in Gaza


Gazas major health facility collapses amid Israeli attacks: MSF


Americans to redeploy nuclear weapons in UK amid fears of WW3


Yemen directly hits US warship with ballistic missile


Turkish lawmakers open debate over Swedens NATO membership


Palestinian Islamic Jihad: Al-Maghazi operation proved defeat of Israeli regime in Gaza war


Pakistan Army Kills Seven Terrorists Near Afghan Border





VIEWED
MOST DISCUSSED




POLL

Modi, Merkel Discuss Afghanistan, Radicalisation And Terrorism

SEE RESULT


LAST NEWS

Sudan: The Forgotten War

Talibans new law bans womens voices and faces

Iranian police shut down two illegal centers affiliated with German government

All of President Pezeshkians ministerial picks win parliaments vote of confidence

Wheres Bangladesh Heading after Popular Uprising?

Western Kabul residents say Taliban has failed to ensure security after bombing

Algerian Boxer Khelif files complaint over online harassment after gender row

Federalism in Afghanistan: Opportunities and Challenges

Formation of the Federalist Assembly of Afghanistan

Israel launches missile attack on outskirts of Damascus, killing Syrian civilians

UK national scandal: 20,000 mental health patients raped, sexually assaulted in NHS care

Three US troops killed, dozens injured in drone attack in Syria

Trump says NATO will not come to rescue if US attacked

Ukraine beset by $40m fraud in arms procurement amid war with Russia

US approves sale of F-16 jets to Turkey after Ankara ratifies Swedens NATO membership

UNSC to meet to discuss ICJ ruling on Israeli genocide in Gaza

Taliban: Afghanistan Does Not Have Formal Border With Pakistan

Gazas major health facility collapses amid Israeli attacks: MSF

Americans to redeploy nuclear weapons in UK amid fears of WW3

Biden makes history: 1st sitting US president sued for complicity in genocide

Trump walks out of courtroom during closing arguments of Carrolls attorney

US: 3 dead in shooting at Texas apartment complex

US-UK aggression against Yemen risks expansion of war: Iran

Yemen directly hits US warship with ballistic missile

Hamas has self-reliantly opposed the three giant intelligence agencies of the world!

President Raeisi calls for UN reform, says body unable to end Gaza genocide

Pedram: The Abduction of Hazara and Tajik Women Recalls the Crimes of Abdur Rahman

Special envoys from G7 countries discuss Afghanistan in London meeting

Turkish lawmakers open debate over Swedens NATO membership

UN agency says over half a million Palestinians face catastrophic hunger in Gaza

Palestinian Islamic Jihad: Al-Maghazi operation proved defeat of Israeli regime in Gaza war

European support for Israel damaging energy security on the continent, report says

Pakistan Army Kills Seven Terrorists Near Afghan Border

Israel kills at least 190 people in Khan Younis in 24 hours

UNAMA report: 49 Hazara community members killed in Afghanistan in three months

Indias Modi inaugurates Hindu temple on site of razed mosque ahead of elections

US 2024 election: DeSantis drops out of Republican presidential race, backs Trump

Survivors of Russian charter flight crash transferred to Kabul

Irans anti-terror strikes clear message to certain recipients: Foreign Ministry

Ethnic mass killings in one Sudan city last year left up to 15,000 dead: UN report


MEDICAL NEWS


ANSAR PRESS  |  ABOUT US  |  CONTACT US  |  MOBILE VERSION  |  LINKS  |  DESIGN: Negah Network Co.
All right reserved. Use this website by mentioning the source (link) is allowed. Ԑ یی