TRUMP CONTINUES TO PUSH FOR THE
REOPENING OF MANY BUSINESSES, AS
SOON AS NEXT MONTH.
SHERI: BUT DOES HE HAVE THE
AUTHORITY TO ORDER STATES TO
OPEN UP AGAIN?
WVTM 13’S JEFF ELIASOPH ASKED A
CONSTITUTIONAL EXPERT.
REPORTER: ON MONDAY OF THIS WEEK
, PRESIDENT TRUMP MADE IT
ABUNDANTLY CLEAR.
>> THE PRESIDENT OF THE UNITED
STATES CALLS THE SHOTS.
REPORTER: IN THE MATTER OF
FORCING STATES TO LIFT
RESTRICTIONS NOW IN PLACE DURING
THE PANDEMIC, I ASKED DR. JOSEPH
SMITH AT THE UNIVERSITY OF
ALABAMA.
WHEN PRESIDENT TRUMP SAID THE
OTHER DAY "I CALL THE SHOTS,"
TRUE OR FALSE?
>> RELATIVELY FALSE.
REPORTER: SMITH, WHO CHAIRS THE
POLITICAL SCIENCE DEPARTMENT
SAYS, THE CORONAVIRUS IS DEFINED
AS A HEALTH CRISIS.
>> THE FEDERAL GOVERNMENT ONLY
HAS POWER TO MAKE LAWS AND
ENFORCE LAWS ON THE THINGS THAT
ARE COVERED IN THE CONSTITUTION.
THE CONSTITUTION DOES NOT GIVE
THE NATIONAL GOVERNMENT EXPLICIT
POWER OVER HEALTH CRISES.
.
TO PROTECT THE HEALTH AND SAFETY
OF PEOPLE IS TRADITIONALLY THE
ROLE OF STATE GOVERNMENTS.
REPORTER: A BRIEF CIVICS LESSON,
THE 10TH AMENDMENT.
>> IT SAYS ANY POWER NOT GRANTED
TO THE NATIONAL GOVERNMENT IS
RESERVED TO THE STATES.
>> SO THE PRESIDENT DOES NOT
HAVE TOTAL AUTHORITY.
THE CONSTITUTION IS THERE.
THE 10TH AMENDMENT IS THERE.
REPORTER: ON THIS POINT, NEW
YORK’S GOVERNOR APPEARS TO BE
RIGHT AND SMITH SAYS THE
PRESIDENT HAS WALKED HIS CLAIMS
BACK A BIT.
DR. SMITH SAYS THE PRESIDENT
DOES HAVE THE POWER OF HIS
OFFICE TO INFLUENCE GOVERNORS OF
LIKE MIND AND COULD ASK CONGRESS
TO PASS BRAND-NEW HEALTH AND
SAFETY LAWS IN THIS EMERGENCY,
BUT HE HIMSELF DOES NOT HAVE THE
POWER TO RESTRICT WHAT STATES DO
DURING THESE EMERGENCY.
INVEST DVR HIL
