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Hypothetical: President executive order versus State Governors executive order

Posted on 3/24/20 at 12:28 pm
Posted by Northwestern tiger
Long Island NY
Member since Oct 2005
23485 posts
Posted on 3/24/20 at 12:28 pm
Lets say Trump decide to lift self-isolating guidelines soon, but Governors still issues stay at home order. What will happen in that case?
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69308 posts
Posted on 3/24/20 at 12:29 pm to
Trump doesn’t have the authority to override state and city level public health ordinances
Posted by Coon
La 56 Southbound
Member since Feb 2005
18492 posts
Posted on 3/24/20 at 12:29 pm to
Well us Louisiana people don’t give a shite anyway...
Posted by The Maj
Member since Sep 2016
27158 posts
Posted on 3/24/20 at 12:30 pm to
What the State's do at that point is the State's business...

I do not see Trump overriding them and would not support his attempting to do so...
Posted by Indefatigable
Member since Jan 2019
26436 posts
Posted on 3/24/20 at 12:31 pm to
Federalism—state orders win. The governors have more power than the POTUS in their states when it comes to things like this.

Fed gov’s current guidelines are just that—guidelines
Posted by Northwestern tiger
Long Island NY
Member since Oct 2005
23485 posts
Posted on 3/24/20 at 12:31 pm to
quote:

Trump doesn’t have the authority to override state and city level public health ordinances


So it's not up to him to get the US back in business.

Posted by dakarx
Member since Sep 2018
6851 posts
Posted on 3/24/20 at 12:31 pm to
That's the only time you'll hear the Dim's demand that "State's Rights" be respected.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41200 posts
Posted on 3/24/20 at 12:33 pm to
The Governors would have authority over intra- state matters, the President would have authority over federal facilities and interstate commerce, airports, mail...
Posted by Magician2
Member since Oct 2015
14553 posts
Posted on 3/24/20 at 12:56 pm to
quote:


So it's not up to him to get the US back in business.




You would see governors going against city officials.

See Abbott/ Lt Gov vs Harris and Dallas county officials.
Posted by keakar
Member since Jan 2017
30037 posts
Posted on 3/24/20 at 1:34 pm to
states rights over government mandates

but then states are subject for paying the costs if they dont open.

you think JBE is willing to give up $50 billion in tax dollars out of his budget for paying louisiana relief to workers?
Posted by GeorgeWest
Baton Rouge
Member since Nov 2013
13085 posts
Posted on 3/24/20 at 1:39 pm to
Trump has already said lifting of restrictions would not apply in hot spots where governors/mayors will make that decision.
Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14916 posts
Posted on 3/24/20 at 1:43 pm to
The white house will defer to the governors on this one.

Posted by Magician2
Member since Oct 2015
14553 posts
Posted on 3/24/20 at 1:44 pm to
Hot spots today is Washington, Louisiana anf NY

We’ve already seen comments from Cuomo even from yesterday suggesting he’s open to opening business back up.
Posted by highbooost
Dayton, OH
Member since Sep 2016
1341 posts
Posted on 3/24/20 at 1:45 pm to
See the Insurrection act of 1807. It was ratified in 2007 after Katrina to extend the Presidents power to send in military in during economic crisis.

Yes the President basically has unlimited power during an emergency and can tell the governors to STFU. Want to watch a TV show on it, see Designated Survivor episode 4, the President arrest the MI Governor for treason. It's on Netflix.

Great article here if want to really learn what Pres have used what powers during emergencies.

LINK
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 3/24/20 at 1:47 pm to
quote:


Trump doesn’t have the authority to override state and city level public health ordinances


I'm still trying to figure out how an emergency allows local authorities to overcome the Constitution.

I mean it's true that the president shouldn't be able to overrule them but I'm trying to figure out why they were able to rule. and I don't care what bull crap they wrote into their code that doesn't make it constitutional
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/24/20 at 1:48 pm to
quote:

See the Insurrection act of 1807. It was ratified in 2007 after Katrina to extend the Presidents power to send in military in during economic crisis. Yes the President basically has unlimited power during an emergency and can tell the governors to STFU. Want to watch a TV show on it, see Designated Survivor episode 4, the President arrest the MI Governor for treason. It's on Netflix. Great article here if want to really learn what Pres have used what powers during emergencies. LINK


The President can send in troops but that doesn't mean they can do whatever they want.

No, he doesn't have unlimited power.
Posted by MusclesofBrussels
Member since Dec 2015
4496 posts
Posted on 3/24/20 at 1:49 pm to
Governors resisting should be arrested for treason
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/24/20 at 1:51 pm to
Most of the stay home stuff is more threats than anything, if you want to go do something.

Most of these EOs are either unlawful or unconstitutional, which is why nobody (in general) is going to go to jail... depending on the nature of the EO.

Devil is in the details. If State governments start impeding interstate commerce than there can be grounds for federal action.

quote:

What the State's do at that point is the State's business...


Yes and no, they gave power to the Federal government as to some powers, and have limited power themselves as it pertains to the US Constitution and their own charter the State Constitution.
This post was edited on 3/24/20 at 1:58 pm
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