Constitutional scholar Mark Levin argues that President Trump has a great deal of power to restart the economy, despite what some governors say.
Those governors cite the federalism argument, which says that states have a certain amount of sovereign power as specified in the 10th Amendment, which asserts, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
But, says Levin, the Constitution's interstate commerce clause takes precedence in a situation where the decisions of governors are having a massive affect on the nation's commerce, as shown by the fact that 10 percent of the nation's workforce has been made jobless. The commerce clause -- Article 1, Section 8 -- says,
Levin pointed out that Franklin Roosevelt's New Deal was made possible by expansive interpretation of that clause by the Supreme Court, and he asserts that those precedents still hold.
So, insists the lawyer and television commentator, the current situation of heavy-handed shutdowns bespeaks a "one-way federalism" that does not exist under law. As a consequence, Trump has much more authority than the "federalist" governors seem to realize to overrule their shutdowns on the basis that they are interfering with the national economy.
Those governors cite the federalism argument, which says that states have a certain amount of sovereign power as specified in the 10th Amendment, which asserts, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
But, says Levin, the Constitution's interstate commerce clause takes precedence in a situation where the decisions of governors are having a massive affect on the nation's commerce, as shown by the fact that 10 percent of the nation's workforce has been made jobless. The commerce clause -- Article 1, Section 8 -- says,
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;That is, Congress -- not state governors or legislatures -- has power to regulate commerce among the states. As the person appointed to ensure enforcement of federal law, the President has power to see to it that states do not impede interstate commerce.
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Levin pointed out that Franklin Roosevelt's New Deal was made possible by expansive interpretation of that clause by the Supreme Court, and he asserts that those precedents still hold.
So, insists the lawyer and television commentator, the current situation of heavy-handed shutdowns bespeaks a "one-way federalism" that does not exist under law. As a consequence, Trump has much more authority than the "federalist" governors seem to realize to overrule their shutdowns on the basis that they are interfering with the national economy.
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