[lex24]

A question Outsider Fan- under what Constitutional authority may a President  order a nationwide shutdown?  Congress might – although I think it’s dubious - be within its constitutional power  to pass legislation mandating all 50 states to shut down. Although the trigger under which Congress usually passes laws is the commerce clause. And that would be an interesting use of the clause  as it would essentially shut down commerce. But I see nothing that gives the president such authority. With the possible exception of  declaring martial law.  And I don’t think that would go over too well.

Would the National Emergencies Act give him that authority?  Maybe the Public Health Act (section on public health emergencies).

That being said, I would not want a president to declare a national emergency and impose a nationwide shutdown.  Like if we say that the Nationwide Emergencies Act would give authority to order a nationwide shutdown for this, what would prevent him from imposing a curfew to stop Black Lives Matter protests (or a Democrat stopping a Gun rights protest or pro-life rally)?  Would be much better if Congress appropriated funds to support states that go into lockdown. 

Of course, there is a lot the President can do without issuing an executive order or equivalent.  A consistent message would help.  A clearly defined guidance would place the onus on state and local leaders who don't follow the guidelines as to why not.

But I think I agree with you that you probably want to tailor your guidance to local conditions.  We shouldn't pursue a lowest common denominator strategy.

BC

National Emergency Act was enacted to make it easier for Congress to END a declared national emergency.

The Feds could pass restrictions relating to Federal Property etc.  But to shut down states- and it is states that have the primary police powers- I don’t think so.

And remember, when Trump said he had the power to order states to reopen, he was swiftly (and appropriately) told otherwise.

[lex24]

A question Outsider Fan- under what Constitutional authority may a President  order a nationwide shutdown?  Congress might – although I think it’s dubious - be within its constitutional power  to pass legislation mandating all 50 states to shut down. Although the trigger under which Congress usually passes laws is the commerce clause. And that would be an interesting use of the clause  as it would essentially shut down commerce. But I see nothing that gives the president such authority. With the possible exception of  declaring martial law.  And I don’t think that would go over too well.

Would the National Emergencies Act give him that authority?  Maybe the Public Health Act (section on public health emergencies).

That being said, I would not want a president to declare a national emergency and impose a nationwide shutdown.  Like if we say that the Nationwide Emergencies Act would give authority to order a nationwide shutdown for this, what would prevent him from imposing a curfew to stop Black Lives Matter protests (or a Democrat stopping a Gun rights protest or pro-life rally)?  Would be much better if Congress appropriated funds to support states that go into lockdown. 

Of course, there is a lot the President can do without issuing an executive order or equivalent.  A consistent message would help.  A clearly defined guidance would place the onus on state and local leaders who don't follow the guidelines as to why not.

But I think I agree with you that you probably want to tailor your guidance to local conditions.  We shouldn't pursue a lowest common denominator strategy.

BC

National Emergency Act was enacted to make it easier for Congress to END a declared national emergency.

The Feds could pass restrictions relating to Federal Property etc.  But to shut down states- and it is states that have the primary police powers- I don’t think so.

And remember, when Trump said he had the power to order states to reopen, he was swiftly (and appropriately) told otherwise.