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Donald Trump’s press conference (73) on Monday night was a strange sight. The President of the United States was enraged at the media and Democrats, praised by his top virologist Anthony Fauci (79), and showed a public relations video that was apparently supposed to cover up his mistakes in the crown crisis.
However, a prayer made one pay special attention. “If someone is the President of the United States, he has full authority,” Trump said. The question of who has the final decision-making power when the crown measures are relaxed was addressed: Trump or the governors of the respective states. To the horror of many governors and scientists, Donald Trump wants to loosen coronavirus restrictions as soon as possible due to the serious emerging economic crisis.
As early as Monday morning, Trump had tweeted that it was “the president’s decision” and not the governors when “the states will be opened.” At the press conference, the President of the United States made no secret of the fact that he would use his alleged “total power”: “This is how it will work.”
The decision on relaxation rests with the states
Faced with the surprising demand of a journalist, Trump repeated: «She (the authority) is total! And the governors know it. He did not allow the contradiction. “The power of the President of the United States is total on the subject we are talking about.”
So as President of the United States, can you open the whole country whenever you want?
No, say constitutional lawyers. Because the decision-making power to close schools or businesses rests with the respective governors of the US states. USA Even in the Corona crisis, the President of the United States has no constitutional right to ignore the measures taken by the states.
Trump himself did not legally justify his claim. His Vice Mike Pence (60) jumped to his aid: “I support the President’s leadership under the emergency declaration he signed.” On March 13, Trump signed the national emergency due to the crown pandemic. However, it does refer to the United States Constitution for Powers.
Andrew Cuomo disagrees with Trump
Andrew Cuomo (62), governor of the Crown epicenter in New York, then decisively contradicted Donald Trump. “The president does not have an all-encompassing power. We have a constitution, we have no king, “Cuomo told the CNN news channel. Nor does the constitution nullify a national crisis.
Instead of listening to the President of the United States, Those who long postponed the Corona crisis, the governors prefer to talk to each other about decisions to ease the restrictions. Cuomo wants to coordinate closely with New Jersey, Connecticut, Pennsylvania, Rhode Island, and Delaware. California, Oregon and Washington join forces on the west coast.
“No law gives you so much authority”
According to “CNN”, it is not ruled out that Trump can prevail against individual states, but it is considered unlikely. Trump is “wrong” when he says he can revoke the measures of the American crown, says Professor James Hodge, director of the Arizona Center for Health Policy and Law. “You can encourage, advise, or even prosecute something … but you cannot tell sovereign governors that they must lift these orders all at once, simply because the federal government decides it is time to do so.”
Texas law professor Stephen Vladeck wrote on Twitter: “The President has no formal legal authority to categorically ignore state or local protection orders, or to reopen schools and small businesses. No law gives you such authority; no constitutional provision grants such authority. The total power that Trump asserts is the epitome of a totalitarian government “that correctly and decisively rejects our tradition, our constitution, and our values.”
The decision of the individual governors was also that long-range crown measures are now applied in most of the US states. USA And: Trump himself had recognized his authority. In a non-binding Corona guide for Americans, he wrote in capital letters: “Listen to the instructions of state and local authorities and follow them.”
