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’s statements sounded like a direct repudiation of a long-standing conservative legal principle.
The Associated Press:
In Nod To Governors, Trump Walks Back Total Authority Claim
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. “The governors are responsible,” Trump said. “They have to take charge.” Still, he insisted, “The governors will be very, very respectful of the presidency.” (Colvin and Miller, 4/15)
The Associated Press:
Trump's 'I Alone Can Fix It' View And State Powers Collide
President Donald Trump insists there are “numerous provisions” in the Constitution to support his view that he has “total authority” 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’s because they don’t exist. (Tackett, 4/14)
The Washington Post:
Trump’s Inaccurate Assertion Of ‘Total’ Authority Sparks Challenge From Governors
Cuomo said the president’s claim of total authority is “not an accurate statement,” because the basic principle of federalism is enshrined in the Constitution, in which powers not given to the federal government remain with the states. “The statement that he has total authority over the states and the nation cannot go uncorrected,” Cuomo said. “There are many things that you can debate in the Constitution because they’re ambiguous. This is not ambiguous.” (Kim, Dawsey and Dennis, 4/14)
Politico:
Governors Defy Trump, Who Cries ‘Mutiny'
Cuomo even threatened legal action if Trump “ordered me to reopen in a way that would endanger the public health” of New Yorkers. “We 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,” the governor said in a separate interview on CNN’s “New Day.” (Forgey and Oprysko, 4/14)
Politico:
‘Flat-Out Wrong’: Conservatives Clobber Trump’s ‘Total' Power Boast
President Donald Trump’s bold claims that he has the ultimate power to order states to rev up their economies seemed certain — and perhaps designed — to provoke his critics on the left. What was more surprising was the even stronger backlash Trump’s swagger immediately drew from the right, including from voices normally loath to cross the president. (Gerstein, 4/14)
The Washington Post:
Four Pinocchios For Trump’s Claim That He Has ‘Total Authority’ Over The States
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)
