“We don’t have a king (Donald) Trump, we have a president Trump”New York Governor Andrew Cuomo said bluntly Tuesday, amid what has become a sour debate over who has the last word to order a relaxation of the physical distancing restrictions that have helped stem the spread of the coronavirus but at the same time they have practically paralyzed the United States economy.
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Cuomo, head of the state that by far has been the most devastated by the pandemic with almost 200,000 confirmed cases and over 10,000 deaths, he was directly responding to a president who assured this Monday – ignoring the Constitution – that he has “full authority” to decide when the United States must resume its ‘normality’.
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“We have a Tenth Amendment that says that the responsibilities of the states are of the states, so the president should not even think about getting there. It will be divisive and political, and completely contrary to what we have tried to do with cooperation” Cuomo added in an interview on CNN.
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The governor referred to the part of the Constitution that establishes that the rules of compliance with laws at the local level are the power of the states. The Tenth Amendment clearly says that “Powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved for the states.”
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That is why since the pandemic broke out, we have seen how the guidelines and the times in which they have been put into effect have varied from state to state, or even from city to city. In fact, the initial document with recommendations from the federal government He specified that people should “listen to and follow the instructions of state and local authorities,” which weakens Trump’s current argument about his “total authority.”
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“If you order me to ‘reopen’ in a way that endangers the public health of the people of my state, I will not. We will have a constitutional challenge between the state and the federal government that would go to courtAnd that would be the worst thing you can do right now, “snapped the New York governor.
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Another pulse: Trump vs. the Constitution
Constitutional Law experts agree that Trump is wrong to want to order a ‘reopening’, relying only on the fact that as president he has the right to do so.
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“Declaring a ‘national emergency’ allows the president to enforce certain statutes that apply only * during * emergencies. It does not give the president any general power to do what he wants. You must identify specific statutes that authorize specific actions “, wrote on Twitter Stephen Vladeck, Professor of Law at the University of Texas.
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Identifying those specific statutes as Professor Vladeck says seems to be a chore that irritates Trump. At the press conference on Tuesday, when asked what authority the Constitution gave him to decree a general ‘reopening’ of the country, the president became angry and simply replied: “When someone is president of the United States, the authority it is total and it will be that way. It is total. The governors know it. “
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Another professor of law, Robert Chesney of the University of Texas, responded to Trump’s pronouncement stating that this was not the objective of those who wrote the American Constitution.
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“The federal government cannot command the machinery of state governments, and by extension, of local governments. This means that the federal government cannot compel the states to take actions to adhere to the federal policy that is decided” Chesney explained in late March in this writing.
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Key governors are grouped into two blocks
The bid could escalate in the coming days as the efforts of two blocks of governors take shape, a group on the East Coast led by New York and another on the West Coast led by California, to elucidate how to relax the restrictions that have forced millions to stay home without risking a new wave of infections.
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There are 10 states in total that according to an analysis The Reuters agency encouraged about 40% of economic output in the United States in the fourth quarter of last year. Only California and New York represent 23%, which shows how key both states are to the largest economy in the world.
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Trump already accused Cuomo in a tweet of wanting to “become independent” and reminded him of having supposedly “begged” for help when New York hospitals began to overflow due to the avalanche of covid-19 infections, the disease caused by the new coronavirus . “I solved everything for him and everyone else, and now he seems to want independence! That won’t happen!” Wrote the president on Tuesday.
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Trump has spoken of putting the economy to 100% work in May, but some governors have been cautious about when that should happen.
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One of the governors of the East Coast formed bloc, Ned Lamont of Connecticut, said Tuesday that he has no plans to relax the restrictions in his state before May 20. “The governors are trying to have a single voice … this is not the time to look away from the ball, it would be dangerous,” he said in an interview on CNN.
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