Legal experts say the U.S. president has limited power to order citizens back to their places of employment, or cities to reopen government buildings and local businesses:
FILE PHOTO: U.S. President Donald Trump takes questions as he addresses the daily coronavirus task force briefing at the White House in Washington, U.S., April 13, 2020. REUTERS/Leah Millis
Under the 10th Amendment of the U.S. Constitution, state governments have power to police citizens and regulate public welfare. In the country’s early years, it was up to state and local authorities to lead the response to the yellow fever epidemic, not the federal government. “Usually, state and local officials on the ground have the best understanding of the issues affecting people in their states,” Cohen said.No. The Trump administration can issue nationwide guidance, but it would be unconstitutional for the president to override stay-at-home orders from governors, said Robert Chesney, a professor of national security law at the University of Texas. Mayors or county commissioners are on the same footing as governors, he said.
“Those are guidelines. He can change his advice,” Chesney said. “He is free to advocate. And that is an important part of the presidency — the bully pulpit.”
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