President Donald Trump said on Monday it was his decision when to reopen the US economy, which has been largely shut down to slow the spread of the novel coronavirus.
The Republican president also accused the news media of incorrectly saying US governors are largely the ones who decide when normal economic activity can resume.
But legal experts say a US president has quite limited power to order citizens back to their places of employment, or cities to reopen government buildings, transportation, or local businesses. Here is why.
What does the Constitution say about who makes decisions about public welfare?
The United States is a federalist system, meaning power is shared between a national and state governments.
Under the 10th Amendment of the US 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.
Reflecting these principles, “disaster response and aid is typically state-led and federally supported,” said Steve Bunnell, the former top lawyer at the US Department of Homeland Security (DHS) and a partner at O’Melveny & Myers.
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