Trump Got Constitutional Law Totally Wrong During White House Coronavirus Briefing
President Donald Trump ignited a constitutional firestorm Friday during a White House coronavirus briefing by saying he could “overrule” decisions from state governors that he disliked. He can’t. Trump’s comments came after a reporter’s question about whether Gov. Ron DeSantis (R-Fla.) would be wise to reopen schools in his state by the end of the month.
Reacting to the question, Trump ... described his perception of the degree and nature of his own powers to legally intervene in the decisions of state governors to open or close their states. “I like to allow governors to make decisions without overruling them, because from a constitutional standpoint that’s the way it should be done. If I disagreed, I would overrule a governor, and I have that right to do it.”
Trump’s description of his own constitutional authority immediately angered the legal community. It is well settled law that the judiciary, not the president, has the power to “overrule” things. Marbury v. Madison set up the premise of judicial review in 1803 . Bottom line: it’s legal nonsense for Trump to claim ... that he can overrule (states) if he so desires.
Trump went on about his own powers:
“I have great authority if I want to use it,” Trump said. “I would rather have the states use it.”
https://lawandcrime.com/covid-19-pandemic/trump-got-constitutional-law-totally-wrong-during-white-house-coronavirus-briefing/
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