President Donald Trump issued out a pair of tweets on Monday morning in which he asserted that he alone, and not state governors, had the authority to end shelter-in-place orders to allow all businesses and services to reopen.
Trump blamed the news media for trying to create “conflict and confusion” by claiming that the authority to “open up the states” lies with governors rather than the president.
“Let it be fully understood that this is incorrect,” Trump insisted. “It is the decision of the President, and for many good reasons.”
Trump tried to send out assurances that his tweets by no means meant that he and governors weren’t working together.
“A decision by me, in conjunction with the Governors and input from others, will be made shortly!” he added.
….It is the decision of the President, and for many good reasons. With that being said, the Administration and I are working closely with the Governors, and this will continue. A decision by me, in conjunction with the Governors and input from others, will be made shortly!
— Donald J. Trump (@realDonaldTrump) April 13, 2020
Trump made similar comments during a press briefing on Friday. “I have great authority” to end shelter-in-place orders to reopen the economy “if I want to use it,” the president explained. “I would rather have the states use it. I have absolute authority to use it.”
Trump’s assertions contradict the understanding of legal experts on the subject, as well as the reality of how stay-at-home orders were issued in the first place.
For starters, the White House’s “order” to shut down all nonessential services as a means to promote social distancing measures in order to halt the spread of COVID-19 wasn’t an actual order to begin with — it was a recommendation. States themselves made the decision, separate from the president’s pronouncement, to close down their economies or not. Indeed, the fact that eight states still haven’t issued stay-at-home orders demonstrates that the decree Trump alludes to having made was more of a suggestion than an enforceable act.
The federal government has the right to issue quarantine orders as it sees necessary, but Trump didn’t actually do that. And since the decision to issue restrictions on the movement of residents and the activities of businesses within individual states wasn’t technically made by Trump, it’s not in his power to revoke them either.
An argument could be made that the U.S. federal government has the right to “regulate commerce” between the “several states” — as laid out within Article 1 Section 8 of the Constitution. But that stipulation is a Congressional authority, not an action the executive branch can take on its own.
A recent legal analysis from Lawfare also argues that the president doesn’t have the constitutional authority to order states to act in this way.
“If the president tries to force states to ease restrictions, they should resist,” the authors of that analysis asserted. “They have the Constitution on their side, and they will almost certainly win in court.”
It’s been no secret that Trump is eager to bring the economy back to “normal” as soon as possible, though his motivations for doing so may be political rather than for the good of the nation. White House sources have said the president is worried about his reelection chances should the economic difficulties being faced by Americans persist through the fall.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $115,000 in one-time donations and to add 1365 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy