The Prez is WRONG! (from a Trump Loyalist)

[gulfman]

Trump is an idiot and has zero idea as to how the government works and whose authority supercedes whose.

States rights win over federal authority every time.

States rights were wrong during the Civil War and wrong now.We are one nation.Even though the Democrats think they are the Confederacy.

 

[JimBowie1958]

Yep, it's up to the individual governors.
The president can share information with them that could influence their decision, but in the end the governors have the power.

Trump Extends Coronavirus Lockdown Until April 30

After dangling the possibility of restarting the U.S. economy by Easter, Trump now says keeping deaths to 100,000 would be a ‘very good job.’

foreignpolicy.com

U.S. Social Distancing to Continue Until End of April​

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Last week, U.S. President Donald Trump dangled the possibility of reopening the U.S. economy by Easter. Now he has changed his mind. At a White House Rose Garden briefing, Trump extended the current guidelines on social distancing until April 30, keeping the United States in line with measures taken by other nations gripped by the coronavirus pandemic to keep their populations at home. The United States has the highest number of coronavirus cases worldwide at 143,025, according to Johns Hopkins University.​

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How high will the death toll be? A senior member of Trump’s coronavirus task force, Anthony Fauci, told CNN the outbreak could cause 100,000 to 200,000 deaths in the United States alone before qualifying his estimate, “I just don’t think that we really need to make a projection, when it’s such a moving target that you can so easily be wrong and mislead people,” he said.​

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In New York, the state worst hit by coronavirus in terms of total numbers infected and total deaths, steps are being taken to extend capacity in an overwhelmed hospital system. Today, a 1,000-bed temporary hospital opens in Manhattan’s Javits Center, a 68-bed overflow field hospital is near completion in Central Park, and a U.S. Navy hospital ship, the USNS Comfort, is due to dock in New York city, having made the journey from Norfolk, Virginia.​

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How prepared are U.S. hospitals for a surge in cases? Compared to other wealthy nations, the United States lags behind on several key measures. The United States has fewer practicing physicians, fewer hospital-employed physicians, and a lower number of hospitals per capita than most wealthy nations, according to data compiled by the Kaiser Family Foundation. It also has a lower number of hospital beds per 1,000 people: 2.8 compared to South Korea’s 12.​

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Perhaps most worrying in a pandemic, Americans are more likely to forgo medical care due to its cost: In 2016, 33 percent of Americans reported they either did not see a doctor when they were sick, skipped a medical test or treatment, or did not fill a prescription because of the cost in the past year.​

Could Trump declare national coronavirus shutdown? Momentum is rising

Momentum appears to be building for a national shutdown to confront the coronavirus crisis, raising the prospect that President Trump could issue an order requiring people to stay at home.Such an o…

thehill.com

That wartime footing, something Trump has embraced more in recent days, has historically given presidents broader executive authority, and a measure of deference from the courts. ​

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Several experts pointed to Franklin Roosevelt’s 1942 executive order interning more than 100,000 Japanese Americans months after the attack on Pearl Harbor. That order was upheld by the Supreme Court in 1944, in Korematsu v. United States — a decision the current Supreme Court repudiated in 2018, when Chief Justice John Roberts called it “gravely wrong.”​

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“Presidents, especially in wartime, have vast amounts of power in their role as commander-in-chief, and it would be up to the courts to stop any action that Trump took that was deemed unconstitutional,” said Matthew Dallek, an expert on presidential authority at The George Washington University’s Graduate School of Political Management. ​

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Dallek said it is unclear whether a presidential executive order requiring Americans to stay in their homes would be anything more than symbolic. If such an order is enforceable, it is not clear who would do so. The president cannot deploy American troops around the country to keep people in their homes.​

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“More likely, he would issue an order and ask states to spread the message and ask people to comply voluntarily, and the states could, in theory, call out the National Guard,” Dallek said. ​

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Any such order would certainly wind up in court. A group of political activists and religious leaders in New Hampshire filed suit against Gov. Chris Sununu (R) on Thursday, challenging Sununu's order prohibiting gatherings of more than 50 people. Several groups are suing over Ohio Gov. Mike DeWine's (R) move to delay his state's presidential primary.​

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The Trump administration has claimed vast executive powers in its first three years in office, from a ban on travel from Muslim-majority countries to shifting money between budgets to build a border wall.​

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But the coronavirus has posed a challenge on an entirely different scale, and Trump, initially skeptical that the virus would spread widely in the United States, has not taken action as aggressively as state and local governments have. ​

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He invoked the Defense Production Act this week, a 1950 law signed by Harry Truman to spur production in wartime, but he has yet to use it to actually begin any new production of necessary supplies. Similarly, the federal government has not issued guidelines for states over restaurants, bars, gyms and other businesses, leaving it to the states to order those establishments closed.​

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But if Trump does act, the combination of a history of judicial deference to an executive in times of crisis with a Supreme Court that favors a powerful executive branch makes it likely that any Trump order would be upheld — so long as it applies broadly to Americans regardless of race or national origin like the Korematsu decision.​

 

[okfine]

Earlier today, Our Beloved President tweeted: "For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect....It is the decision of the President, and for many good reasons."

I believe that DJT is the best President we have had in a long time, but in this he is wrong. It is entirely up to the Governors; the President can only recommend, make suggestions, remove federal constraints.

Sorry. He's my President but in this case he is wrong.

Not that it means anything. He can't override a Governor's decision anyway. Any attempt to do so would be void.

Parenthetically, my Governor, Thomas Wolf of Pennsylvania, apparently thinks he lives in New Jersey, and has clamped down accordingly. But he's a Democrat, so what should one expect?

You had to throw in the buttkissing. What's the matter, your true thoughts seeping out but don't want to be ostracized. Duly noted.

 

[JimBowie1958]

Trump is an idiot and has zero idea as to how the government works and whose authority supercedes whose.

States rights win over federal authority every time.

States rights were wrong during the Civil War and wrong now.We are one nation.Even though the Democrats think they are the Confederacy.

The states are 'sovereign' according to the Constitution, but what that actually means is kind of tangled up in case law like a ball of yarn played with by fifty kittens.

 

[rich stacy]

Yes he is wrong about this. Only the individual governors can control their own states.

But that being said, that absolves Trump of any wrongdoing should they open up early and we spike again. Out of his hands means OUT OF HIS HANDS and also NOT HIS RESPONSIBILITY.

As I said, the president during a national emergency gets certain powers. An example if the emergency defense act, which allows the president to mandate companies, no matter in which state they're located, to manufacture materials critical for a national emergency or a war. In short the president could tell every car maker to stop making cars, and make ventilators instead, or to stop making cars, and make nothing instead. That holds for any business sector.

 

[Cassandro]

Tempest in a tea pot?

 

[airplanemechanic]

Yes he is wrong about this. Only the individual governors can control their own states.

But that being said, that absolves Trump of any wrongdoing should they open up early and we spike again. Out of his hands means OUT OF HIS HANDS and also NOT HIS RESPONSIBILITY.

As I said, the president during a national emergency gets certain powers. An example if the emergency defense act, which allows the president to mandate companies, no matter in which state they're located, to manufacture materials critical for a national emergency or a war. In short the president could tell every car maker to stop making cars, and make ventilators instead, or to stop making cars, and make nothing instead. That holds for any business sector.

This has nothing to do with the emergency defense act. This has to do with the president over riding the governors of individual states that were shut down by the governor of those states. Not the president. And Trump cannot do that.

 

[Christ_on_a_croissant]

The States do decide, but when the POTUS says "go back to work" the states that do not comply will look like idiots.

The states that do comply and then see a spike in covid cases will look even worse.

 

[Christ_on_a_croissant]

So, what will he do when states’ governors refuse to comply? Send in the National Guard? That’s not going to happen.

 

[rich stacy]

As I said, the president during a national emergency gets certain powers. An example if the emergency defense act, which allows the president to mandate companies, no matter in which state they're located, to manufacture materials critical for a national emergency or a war. In short the president could tell every car maker to stop making cars, and make ventilators instead, or to stop making cars, and make nothing instead. That holds for any business sector.

This has nothing to do with the emergency defense act. This has to do with the president over riding the governors of individual states that were shut down by the governor of those states. Not the president. And Trump cannot do that.

It would be possible for the president to order every manufacturing business in the states to re-open to restart the manufacture of items in the national interest, under the defense act. The president would have no authority over service industries (such as restaurants), and absolutely no authority over professional sports.
The president has no blanket authority, but can weave a partial authority by doing so on an industry by industry basis.

 

[rich stacy]

So, what will he do when states’ governors refuse to comply? Send in the National Guard? That’s not going to happen.

Technically the president has the power to "nationalize" the national guard, and as such put each states national guard under federal control. Again only after a national emergency or declaration of war..

 

[rich stacy]

I have to state, when president Trump claims a plenary power to re-open the country, that's absolutely false. The president sounded like he could order the reopening, not from presidential power, but from being able to politically shame the governors to go alone.

 

[Christ_on_a_croissant]

So, what will he do when states’ governors refuse to comply? Send in the National Guard? That’s not going to happen.

Technically the president has the power to "nationalize" the national guard, and as such put each states national guard under federal control. Again only after a national emergency or declaration of war..

Still, it’s not going to happen.

 

[sparky]

Trump is an idiot and has zero idea as to how the government works and whose authority supercedes whose.

States rights win over federal authority every time.

You're definitely bringing out the 10ther in me Biker

~S~

 

[sparky]

It is entirely up to the Governors; the President can only recommend, make suggestions, remove federal FUNDS.

FIFY

~S~

 

[night_son]

The true power of the President during a national emergency would make most heads spin. Think about it, if you're capable. Who can launch a mass nuclear weapon response or first strike on his own authority? And does that man first need to consult governors and/or congress? The answer is no. All the fools decrying and belittling our President's claim to such power ought to be real glad he did not declare nationwide martial law. Had that been the case anything would have went and the sole authority to enforce "anything goes" would have rested with the President. Sure, the supreme court and any number of governors could have sued him after the fact, which would have changed nothing. I for one am ******* sick and tired of the endless attempts to undermine our great President from all quarters, including those who supposedly support him the most. Have your fantasies if you must, but realize first that the man, whomever he might be, who occupies the oval office is no less powerful in certain situations than ******* Zeus throwing lightning bolts from Olympus.

 

[JimBowie1958]

This has nothing to do with the emergency defense act. This has to do with the president over riding the governors of individual states that were shut down by the governor of those states. Not the president. And Trump cannot do that.

Trump can invoke National War Time Powers that he has been given the right to do by the governors in order to receive their emergency funding.

Right now Trump has the powers of a dictator, whether he uses them or not.
Firstly, he has a huge carrot and a big stick to 'encourage' governors comply.

https://www.washingtonpost.com/politics/2020/03/14/trump-declared-two-different-kinds-emergencies-covid-19-there-might-soon-be-52/

It’s not clear that public health fits in this “primary responsibility” category. The Stafford Act has occasionally been used to address local, and very expensive, public health concerns — from New York’s toxic Love Canal in the 1970s to Flint’s drinking water crisis a few years ago. (For those inclined to look back, there was also the Louisiana “chlorine barge incident” in 1962.) But apparently the only time the Stafford Act was used to combat a contagious disease was to help New York and New Jersey kill mosquitoes after West Nile virus outbreaks there in the summer of 2000. That, of course, fell far short of a national invocation — and amounted to a total of about $7 million in federal aid.​

Presumably today’s emergency will be rather more expensive, drawing tens of billions of dollars from FEMA’s Disaster Relief Fund. More broadly, an emergency declaration allows the president to, among other things, provide emergency assistance through federal agencies and indeed to​

direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law … in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations.​

The Stafford Act specifically authorizes housing assistance, which is obviously needed when people are displaced by natural disasters. It lets the feds help state and local governments “in the distribution of medicine, food, and other consumable supplies, and emergency assistance.” Further, it allows the IRS to defer collecting taxes from affected individuals, relief specified in the president’s letter invoking the emergency....​

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The key actors in the Stafford Act are the states. Even where the law, in Section 502(a)(8), allows for “accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific [state] request,” it goes on to say the federal government must coordinate with the state as quickly as possible.​

Which is one reason we may wind up not with two declarations but 52 (or more) — the Trump administration has also encouraged state governors to request “major disaster” declarations under the Stafford Act. Presumably, with federal funds at the ready, governors will be happy to oblige.​

He also has direct authority most expanded but some newly established by Obama.

Martial Law by Executive Order

At one level, the prospect for war with Iran is probably an immediate justification. But the comprehensiveness of the Executive Order, like that of the 2012 NDAA, speaks to something much deeper.

www.huffpost.com

In the NDAA, only the president had the authority to abrogate legitimate freedoms of U.S. citizens. What is extraordinary in the new Executive Order is that this supreme power is designated through the president to the secretaries that run the Government itself:​

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• The Secretary of Defense has power over all water resources;
• The Secretary of Commerce has power over all material services and facilities, including construction materials;
• The Secretary of Transportation has power over all forms of civilian transportation;
• The Secretary of Agriculture has power over food resources and facilities, livestock plant health resources, and the domestic distribution of farm equipment;
• The Secretary of Health and Human Services has power over all health resources;
• The Secretary of Energy has power over all forms of energy.​

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The Executive Order even stipulates that in the event of conflict between the secretaries in using these powers, the president will determine the resolution through his national security team.​

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The 2012 NDAA gave the Government the right to abrogate any due process against a U.S. citizen. The new Executive Order gives the government, through the Secretary of Labor, the right to proactively mobilize U.S. citizens for “labor” as the government deems necessary and to coordinate with the Secretary of Defense to maintain data to coordinate the nation’s work needs in relation to national defense.​

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What is extraordinary about the Executive Order is that, like the NDAA, this can all be done in peacetime without any national emergency to justify it. The language of the Order does not state that all these extraordinary measures will be done in the event of “national security” or a “national emergency.” They can simply be done for “purposes of national defense,” clearly a broader remit that allows the government to do what it wants, when it wants, how it wants, to whomever it wants, all without any judicial restraint or due process. As Orwell famously said in 1984, “War is peace. Peace is war.” This is now the reality on the ground in America.​

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Finally, the 2012 NDAA was hurried through the House and Senate almost like a covert op with minimal public attention or debate. It was then signed by the president at 9:00 PM on New Year’s Eve while virtually nobody was paying attention to much other than the approaching new year. This new Executive Order was written and signed in complete secret and then quietly released by the White House on its website without comment. All this was done under a president who studied constitutional law at Harvard.​

Executive Order -- National Defense Resources Preparedness

EXECUTIVE ORDER NATIONAL DEFENSE RESOURCES PREPAREDNESS

obamawhitehouse.archives.gov

Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.

For Christs Sake, Trump can order the Governor of New Jersey to work for him if he wanted to, lol, and at ZERO compensation.

Let that sink in.

 

[Gdjjr]

The President has neither the power to remove constitutional rights

Individuals Rights predate the constitution- they're referred to as inherent,(Creator endowed), or, unalienable-not tangible in other words- godvernment "grants" inalienable rights which are privileges, as in "tangibles"- grants and privileges can be given, taken etc.

Unalienable Rights can only be restricted or ignored.

MOST citizens, on BOTH sides are ignorant about Rights- and apparently MOST on BOTH sides of the aisle prefer it that way based on the lack of proper edumacashun in Public Institutions of Indoctrination, approved of, and funded by, BOTH sides of the aisle and ALL POTUS's who sign the budget fiasco's.

The Constitution pointed out, in the Bill of Rights, certain boundaries that were to NOT be crossed, and in those Bill of Rights was the 10th amendment which made it quite clear where fed power ended- to wit; if it wasn't specified in the constitution under the enumerated power "granted" (see above about grants) then it was left to the individual States- Period. That individual States want to now claim some super-natural power "granted" them by voters, I suppose they believe anyway, that they have the authority (privilege granted) to determine who, what, why and where is essential. My question is; who died and left them in charge of the dictionaries- disctionaries define essential as "extremely impoatant"- well, producing wealth is a lot more important than confiscating wealth- in the scheme of things- extremely is determined by the person exercising his unalienable Rights to ******* survive- but, not godvernments demand we be more enslaved, throgh more debt so they (all the empty suits pin heads elected) can say "we did something" to an ignorant and uncaring citizenry more than willing to blindly trust entities (media and gov't's) who are best known for lying- expecially when it allows them more power.

 

[Gdjjr]

We are one nation.

No, actually, we're 50 supposedly sovereign states who signed a contract and swore to uphold and defend it by coming together to form a more perfect Union- I say supposedly sovereign though the fed gov't (nor its eminent employees ) ever uses the word unless it fits an agenda of the day.
To wit: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

I see nothing about a Nation- which is a singular usually misused in reference to the United States< notice the plural.

 

[depotoo]

Earlier today, Our Beloved President tweeted: "For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect....It is the decision of the President, and for many good reasons."

I believe that DJT is the best President we have had in a long time, but in this he is wrong. It is entirely up to the Governors; the President can only recommend, make suggestions, remove federal constraints.

Sorry. He's my President but in this case he is wrong.

This actually is an interesting question. I believe that the president during a national emergency could shut down the country as the governors did, and as such the president would have the power to lift the emergency constraints he put in place.

But it wasn't the president who shut down the country, but the governors who shut down their individual states, so the president as you said, has no power to order the reopening of the things the governors closed.

In short, only the person who does something, has the power to undo it.

The President has Emergency powers now in each and every state in the country.

Trump is correct about this, but he has been using a light hand so far and letting the governors make the big decisions as is probably the best approach.

I agree

Emergency Declarations and Authorities Fact Sheet | State Public Health | ASTHO

astho.org

Legal Authorities for Isolation and Quarantine | Quarantine | CDC

Isolation and quarantine help protect the public by preventing exposure to people who have or may have a contagious disease. Page content includes the regulatory authority and definitions of isolation and quarantine.

www.cdc.gov