New York Gov. Andrew Cuomo (D-N.Y.) is firing back at President Donald Trump for his latest assertion.
During the White House coronavirus briefing on Monday, Trump made it clear he believes he has ultimate control over the decisions made amid the coronavirus crisis, as IJR reported.
“When somebody is the president of the United States, the authority is total, and that’s the way it’s got to be. … It’s total. The governors know that,” Trump said.
Cuomo, however, has something completely different to say.
“I don’t agree with the president’s legal analysis. The president doesn’t have total authority,” Cuomo said during a CNN interview Monday evening. “We have a Constitution, we don’t have a king. We have an elected president.”
Watch his comments below:
https://www.facebook.com/cnn/videos/230468174862958/
According to legal experts, the president has little power to make decisions such as reopening businesses and transportation, as IJR reported.
It is up to state governments to regulate public welfare and police citizens under the 10th amendment of the U.S. Constitution.
As for stay-at-home orders, the president is unable to override those. Although he can issue nationwide guidance, he cannot make these decisions on behalf of states, according to Robert Chesney, a professor of national security law at the University of Texas.
States ultimately make the decision on whether businesses can stay open or not. State and local authorities are “ultimately in charge of implementing and executing response activities in communities under their jurisdiction,” as the federal memo reads.
As for the president’s emergency powers, he can redirect funds and suspend laws as he sees fit.
“The powers that are not specifically listed for the federal government are reserved to the states,” Cuomo added during the CNN interview. “The balance between federal and state authority was central to the Constitution. It’s one of the great balances of power.”
Trump received additional backlash after he recently claimed governors are not in charge of deciding when they can end state lockdown orders, as IJR previously reported.
