Tuesday morning on Fox News’ “Fox & Friends” morning show, senior judicial analyst Andrew Napolitano pushed back on President Donald Trump’s Monday declaration that he has “total” authority over the coronavirus-related shutdown of the United States economy and workforce.
“In areas of health, safety and welfare the Tenth Amendment expressly reserves the power to regulate for those areas to the states,” explained the judge when asked directly about the division of power by co-host Steve Doocy.
He went on, “In terms of the actual power — for example, to reopen Broadway theaters, to reopen stadiums, to reopen restaurants, to reopen other parts of the economy that have been shut down — it is the governors who have shut them down and it is the governors who will make the decision to open it up.”
He explained that “there are things, however, that the president and Congress can do,” like give states money, which he noted some might call “bribery.”
Monday night, during a long and often hostile press briefing, Trump declared when talking about the economic shutdown that has resulted from stay-at-home orders and businesses closing, “When somebody’s the President of the United States, the authority is total and that’s the way it’s gotta be. It’s total and the governors know that.”
Responding to Trump's claim of 'total authority' to reopen the economy, Andrew Napolitano says "the decision is the governor's, not the president's," but offers advice on how Trump and Congress could persuade governors to reopen things when DC wants them to. pic.twitter.com/1h4jrEwAUJ
— Bobby Lewis (@revrrlewis) April 14, 2020