Law professor Jonathan Turley said the 10th Amendment is a guard against constitutional "mission creep" and contradicts Trump's claim of total power.
While discussing whether he or the nation's governors have the power to lift restrictions states put in place to fight the spread of the coronavirus, President Donald Trump declared at a news briefing Monday,"When somebody’s president of the United States, the authority is total."
Jonathan Turley – a law professor at George Washington University who argued against Trump's impeachment before the House Judiciary Committee and a USA TODAY contributor – said the framers wrote the Constitution precisely to bar presidents from claiming the type of authority asserted by Trump. "It's so plain and obvious it's not even debatable," Begin said."Trump has no authority to ease social distancing, or to open schools or private businesses. These are matters for states to decide under their power to promote public health and welfare, a power guaranteed by the 10th Amendment to the Constitution."
"One of his most unnerving statements was that governors imposed these orders simply because he let them do it and that he could have declared a national quarantine earlier," Turley said."That's a direct contradiction of what he has previously stated, but, more importantly, what the Constitution states." "He could lift international travel restrictions and issue directives to the military or federal agencies," she said.
Fried said the problem was really in the fact that Congress hadn't given Trump the power that he claimed. But he said it theoretically could under its authority to regulate business as outlined in Article 1, Section 8 of the Constitution. How would Trump enforce it? David Cole, the national legal director for the American Civil Liberties Union, told USA TODAY that even if Congress passed a law granting the president the authority to implement a national curfew, quarantine or stay-at-home order, and it survived constitutional challenges, Trump would not be able to compel the states to enforce it.
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