Tornadocane
Member
Well this article says Trump cant order businesses back open, at best Trump can try and end up in the SCOTUS where he probably loses. Look Trump is wrong here he does not call the shots on this, the president cant force states to do anything legally....the Constitution is pretty clear on these separation of powers regardless of how much it pisses Trump off....even with the SCOTUS being stacked in favor of the right most of those guys thankfully are strict Constitutionalist Originalist and apply the rules correctly and someone like Trump will lose in the SCOTUS a lot trying to bend the rules around separation of power....
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Can the Federal Government Override State Government Rules on Social Distancing to Promote the Economy?
A wary president eyes the economic fallout from social-distancing measures that states have adopted in a bid to flatten the curve. If he wants to do more than justwww.lawfareblog.com
I am an attorney that is familiar with this area of law due to working in employment, and I am 100% sure that the executive government could sign an order allowing people to work despite the stay-at-home orders enacted by the states. The article you cited provides a limited analysis on one aspect of the commerce clause, and clearly lacks imagination. They cite New York v. US, which precisely describes the federal action that I said could not be taken against the state - forcing a state agency to do an act. I am talking about a federal order allowing businesses within these states to operate on their own volition in contrast to state law. I am not forcing the state to do anything. I am allowing private citizens to work if they want to do so. There are plenty of congressional statutes that would enable the President to enact the order, and the author of the article simply doesn't want to find or think about any plausible ones.
I saw the same one-sided legal analysis when the President was thinking about a national lockdown. I saw the media and the lefty attorneys on the internet saying it's definitely not constitutional. Really? Not even a legal battle. I guess they aren't any good at law. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states. This is a statute that gives the executive branch authority via the Legislative powers in the Commerce Clause.