Contrary to what President Trump seems to think, he does not have the authority to dictate when and how individual states reopen as the threat posed by the coronavirus diminishes. Nor should he want it.
For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect….
— Donald J. Trump (@realDonaldTrump) April 13, 2020
This assertion — that only Trump can decide the question of reopening — is obviously wrong, as anyone remotely familiar with the U.S. Constitution and the principles of federalism understands. Only the individual governors can decide when their states will begin to reopen, and only they can determine what that process will look like.
Of course, the states should do so with the guidance of the federal government. But at the end of the day, the ultimate authority lies with governors, which is how it should be. The state and local leaders know more about their individual states’ and counties’ needs than Trump, and they are better equipped to respond to these needs in a timely and efficient manner.
Federalism also relieves Trump of undue pressure and liability. Imagine, for a moment, if he ordered California Gov. Gavin Newsom to begin reopening the state’s businesses by the end of the month, only to have California’s cases and deaths rebound. In that case, Trump would bear full responsibility. The way our system is made, Trump lacks both the power and the responsibility.
The federal government can certainly nudge the states toward reopening by withholding discretionary federal funding. This would be its own kind of problem, but it would at least be permissible. But this should be a last resort. Trump’s job is not to bully the states into doing what he wants; it’s to help and guide their efforts to get America back on its feet.
Furthermore, Trump is getting way ahead of himself. He has yet to roll out a specific plan outlining his government’s conditions for reopening, and the resulting actions these conditions will require. Will we be required to wear masks in public for the next few months? Will restaurants, movie theaters, and stores be required to screen for fevers before admitting entry to customers? There are many, many important questions like these that must be answered before Trump can even think about directing the states’ actions.
Whatever plan Trump does roll out must be specific, and it must be respectful of the states. He cannot rule by fiat, and a pandemic does not change that.
