Though interstate compacts are authorized by the Constitution, state rights stop short of violation of basic liberties. So governors who are banding together to extend state lockdowns may be headed for a collision course with President Trump, the Justice Department and federal troops.
If the Democratic governors of California, Oregon and Washington issue edicts restricting citizen movements in defiance of decisions by President Trump and his economic recovery task force, they may find themselves facing occupation by federal troops for violation of their citizens' liberties. The same goes for the governors of New York, New Jersey, Pennsylvania, Rhode Island, Connecticut, Delaware and Maryland.
All are Democrats except for Maryland's Larry Hogan. The scenario may seem surrealistic. But what is happening now is already surrealistic. Hence, no one should bet that Trump would never use the high card he holds.
After the Civil War, federal troops were sent back to the South in order to enforce the recently passed 14th Amendment. Though that Amendment was intended to cover freed slaves, it was deliberately written in broad language. States were henceforth prohibited from denying anyone basic liberties -- and that amendment has been used many times over to assure that the Bill of Rights is not thwarted within states.
The point here is not the surrealism of such an outcome. The point is that a precedent already exists for use of U.S. troops to enforce federal law and protect constitutional liberty. In fact, that precedent allowed President Dwight Eisenhower to send troops to Little Rock, Ark., to enforce public school desegregation and President John F. Kennedy to federalize the Mississippi National Guard to enforce the registration of James Meredith, an African American, at the University of Mississippi.
The Democrat governors in the Eastern alliance are Andrew Cuomo of New York, Ned Lamont of Connecticut, Phil Murphy of New Jersey, John Carney of Delaware, Tom Wolf of Pennsylvania and Gina Raimondo of Rhode Island and in the Western alliance are Kate Brown of Oregon and Jay Inslee of Washington.
The Eastern governors said today they would work together to plan for reopening the region’s economies, schools and other important elements. But if they work together in defiance of the Trump task force's recommendations, there well could be a collision.
In a news conference later, Cuomo conceded that Trump has the right to restart the economy, but said he would like to Trump to tell him the plan. He said Trump had permitted states to take the lead in Covid crisis management, but that Trump had power to change that "model."
https://www.bloomberg.com/news/videos/2020-04-14/cuomo-trump-has-authority-to-reopen-economy-but-needs-to-show-plan-video
If the Democratic governors of California, Oregon and Washington issue edicts restricting citizen movements in defiance of decisions by President Trump and his economic recovery task force, they may find themselves facing occupation by federal troops for violation of their citizens' liberties. The same goes for the governors of New York, New Jersey, Pennsylvania, Rhode Island, Connecticut, Delaware and Maryland.
All are Democrats except for Maryland's Larry Hogan. The scenario may seem surrealistic. But what is happening now is already surrealistic. Hence, no one should bet that Trump would never use the high card he holds.
After the Civil War, federal troops were sent back to the South in order to enforce the recently passed 14th Amendment. Though that Amendment was intended to cover freed slaves, it was deliberately written in broad language. States were henceforth prohibited from denying anyone basic liberties -- and that amendment has been used many times over to assure that the Bill of Rights is not thwarted within states.
The point here is not the surrealism of such an outcome. The point is that a precedent already exists for use of U.S. troops to enforce federal law and protect constitutional liberty. In fact, that precedent allowed President Dwight Eisenhower to send troops to Little Rock, Ark., to enforce public school desegregation and President John F. Kennedy to federalize the Mississippi National Guard to enforce the registration of James Meredith, an African American, at the University of Mississippi.
The Democrat governors in the Eastern alliance are Andrew Cuomo of New York, Ned Lamont of Connecticut, Phil Murphy of New Jersey, John Carney of Delaware, Tom Wolf of Pennsylvania and Gina Raimondo of Rhode Island and in the Western alliance are Kate Brown of Oregon and Jay Inslee of Washington.
The Eastern governors said today they would work together to plan for reopening the region’s economies, schools and other important elements. But if they work together in defiance of the Trump task force's recommendations, there well could be a collision.
In a news conference later, Cuomo conceded that Trump has the right to restart the economy, but said he would like to Trump to tell him the plan. He said Trump had permitted states to take the lead in Covid crisis management, but that Trump had power to change that "model."
https://www.bloomberg.com/news/videos/2020-04-14/cuomo-trump-has-authority-to-reopen-economy-but-needs-to-show-plan-video
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