When it comes time to reopen the economy -- which hopefully will be soon -- there is an issue as to who will be in "control". So far, the President has said that he will make the decision after full consultation with the governors, the doctors and health experts, the leaders of industry and others. After a lot of screaming by the media, Trump said that he had the power to make that decision. That was it for the media. They are having a meltdown screaming that Trump has no such power. After all, the Tenth Amendment to the Constitution gives that power to the states. Trump himself said that the Constitution was the reason he wanted the governors to shut down the states in the first place, so he can't have the power to open them.
This is nonsense. First of all, we are in a national emergency. Under emergency conditions, certain special powers are granted to the president by law. Further, each state governor asked for and got a special emergency declaration for his or her state. Trump may be on solid ground when he claims the power to make the rules for reopening the economy. I'm not going to give an opinion on whether or not he has that power, since I haven't researched the relevant law. I do think that this is not a simple question, and the meanstream media ought to stop treating it as if it is. Indeed, everything the media says so far on the subject is wrong. For example, the Tenth Amendment says nothing about this specific power being reserved to the states. It just says that power not otherwise granted to the federal government is reserved to the states. Without a doubt, however, the power to declare and respond to national emergencies is one that belongs to the federal government under the Constitution. All of these same reporters and pundits who now say Trump has no power were busy just a few weeks ago lambasting Trump for not taking total control of the economy under the Defense Production Act to direct the details of the production of health supplies. That act, of course, is available only in the case of a national emergency declared by the President. The truth is that the Tenth Amerndment has nothing to do with who has the power to reopen the economy.
But what about Trump waiting for the governors to issue shutdown orders. Didn't Trump admit he had no such power? Actually, no is the clear answer. At the briefings Trump said more than once that while he had the power to order shutdowns, he wanted to defer to the governors who could assess the situation in their states, and he wanted to do it because federalism is the basis of our constitution.
None of this makes a difference to the meanstream media. They ran to governors to ask whether the President has "total control". They got the expected answer. Governor Cuomo of NY said that the President did not have total control and that he would sue should the President try that.
Think about that for a minute. Can you imagine in the middle of this huge crisis if some local federal judge were to issue an injunction directing how the country was to proceed? No good federal judge would ever stick his or her nose into that situation. At most, there could be and order issued which would then be stayed pending appeal. Maybe it could go directly to the Supreme Court. Even if things went quickly, there would likely be a few months delay until the Court ultimately ruled. My prediction is that SCOTUS would find a reason to sidestep making any decision and state that this is a political question or something like that. No matter what the outcome, however, the country would be stuck in a quagmire of inaction for months. It would be unforgivable, but that is what the media is trying to set up.
This has to stop.
This is nonsense. First of all, we are in a national emergency. Under emergency conditions, certain special powers are granted to the president by law. Further, each state governor asked for and got a special emergency declaration for his or her state. Trump may be on solid ground when he claims the power to make the rules for reopening the economy. I'm not going to give an opinion on whether or not he has that power, since I haven't researched the relevant law. I do think that this is not a simple question, and the meanstream media ought to stop treating it as if it is. Indeed, everything the media says so far on the subject is wrong. For example, the Tenth Amendment says nothing about this specific power being reserved to the states. It just says that power not otherwise granted to the federal government is reserved to the states. Without a doubt, however, the power to declare and respond to national emergencies is one that belongs to the federal government under the Constitution. All of these same reporters and pundits who now say Trump has no power were busy just a few weeks ago lambasting Trump for not taking total control of the economy under the Defense Production Act to direct the details of the production of health supplies. That act, of course, is available only in the case of a national emergency declared by the President. The truth is that the Tenth Amerndment has nothing to do with who has the power to reopen the economy.
But what about Trump waiting for the governors to issue shutdown orders. Didn't Trump admit he had no such power? Actually, no is the clear answer. At the briefings Trump said more than once that while he had the power to order shutdowns, he wanted to defer to the governors who could assess the situation in their states, and he wanted to do it because federalism is the basis of our constitution.
None of this makes a difference to the meanstream media. They ran to governors to ask whether the President has "total control". They got the expected answer. Governor Cuomo of NY said that the President did not have total control and that he would sue should the President try that.
Think about that for a minute. Can you imagine in the middle of this huge crisis if some local federal judge were to issue an injunction directing how the country was to proceed? No good federal judge would ever stick his or her nose into that situation. At most, there could be and order issued which would then be stayed pending appeal. Maybe it could go directly to the Supreme Court. Even if things went quickly, there would likely be a few months delay until the Court ultimately ruled. My prediction is that SCOTUS would find a reason to sidestep making any decision and state that this is a political question or something like that. No matter what the outcome, however, the country would be stuck in a quagmire of inaction for months. It would be unforgivable, but that is what the media is trying to set up.
This has to stop.
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