![]() ![]() NCAA, a prohibition on Federal laws that forbid States from legislating or acting in a certain way. And this includes, as the Court established in Murphy v. Thus the constitutional rules are clear: the Federal government cannot directly compel the States to pass certain laws or act in accord with the Federal government’s policy agenda. ![]() The allocation of power contained in the Commerce Clause, for example, authorizes Congress to regulate interstate commerce directly it does not authorize Congress to regulate state governments’ regulation of interstate commerce. We have always understood that even where Congress has the authority under the Constitution to pass laws requiring or prohibiting certain acts, it lacks the power directly to compel the States to require or prohibit those acts. United States (1992), Justice Sandra Day O’Connor explained that although “Congress has substantial powers to govern the Nation directly” the Constitution does not “confer upon Congress the ability to require the States to govern according to Congress’ instructions.” Justice O’Connor further wrote: The Supreme Court has established a clear prohibition against attempts by the federal government to commandeer states to further its own agenda. ![]() any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” However, the Supremacy Clause is widely understood as applying only to areas wherein the Federal government is exercising its constitutionally enumerated and implied powers. Constitution says that Federal law “shall be the supreme Law of the Land. But even that is checked in the Constitutional order. The Tenth Amendment further reserves State sovereignty and provides protection against the encroachment of Federal power over State and local actions. Unlike the individual States, which exercise plenary police powers to protect public health and safety, the Federal government is one of limited and enumerated powers. Beyond that, he is limited to Congressional delegations of power. Article II of the US Constitution confers specified, enumerated powers to the President. One is horizontal: checks and balances, between the political branches (and the courts) The other is vertical, through federalism. There are two checks on presidential power. POWERS OF THE FEDERAL GOVERNMENT, PRESIDENCY, & STATES The question is: what will he do if Governors and Mayors continue to leave restrictions in place? To what degree can he force states to lift restrictions and jumpstart the economy? The President has been very vocal about his desire for the economy to re-open. Others have been reluctant to do so until adequate testing and preventative measures are in place. Some Governors have started lifting restrictions. A few days later, he shifted from claiming absolute authority to releasing a plan for re-opening the economy that allows Governors to decide how to implement the plan in their respective states. economy by forcing states to lift restrictions governors have imposed by proclamations and executive orders to combat the spread of COVID-19. President Trump recently claimed “absolute authority” to open the U.S. ![]()
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