Does President Trump Have Total Authority During A National Emergency?

I don’t know what the ladies of The View thought they were going to get when they invited Chris Christie on their show today. Chris Christie has been an ally of Trump’s for a couple of years now, and with the President’s second term quickly approaching, he won’t be defecting any time soon.

The topic of today’s show is whether Trump’s “total authority” statement is constitutionally correct. In the press briefing yesterday, Trump was asked on what authority he could tell the states to open back up again. As we know, the federal government is both the backup plan for the state government and the glue that keeps every state connected. The Federal government’s ability to order state and local officials to do anything is very limited.

HOWEVER, this does not apply in times of a national emergency.

If you look at these excerpts from the “Emergency Powers of the Executive” by Joshua L. Friedman, it states:

“Historically, the Court has ―distinctly recognized the authority of a [s]tate to enact quarantine laws and ̳health laws of every description;‘ indeed, all laws that relate to matters completely within its territory and which do not by their necessary operation affect the people of other [s]tates. The state may broadly apply such police powers only insofar as the law does not contravene the constitutional rights or federal authority over such matters.”

“Likewise, Attorney General John K. Richards once wrote that the Executive must act to preserve our national integrity and the interests which are entrusted to him. In the protection of these fundamental rights . . . the President is not limited to the enforcement of specific acts of Congress . . . [t]o do this, he must preserve, protect, and defend those fundamental rights which flow from the Constitution and belong to the sovereignty it created.”

Executive powers cannot be limited by congress during a national emergency.

And that at those times only, the President’s powers increase and the “President is not limited to the enforcement of specific acts of Congress.”

Furthermore, “the Compagnie Francaise de Navigation a Vapeur v. Louisiana State Bd. of Health Court [case] recognized that state quarantine powers could be displaced by ―affirmative action from Congress and substituted by congress thereby correcting any ―injustifiable (SIC) and oppressive exercise of power by state legislation.”

Yes, the President does have the power to tell the states to end their quarantine measures if–and only if–there is an oppressive exercise of powers, like preventing people from the right to religious freedom or stifling their right to purchase firearms, thus diminishing their ability to bear arms.

WHICH IS HAPPENING RIGHT NOW IN AMERICA!

Now back to the interview with Chris Christie and the ladies of the view:

.@GovChristie on Pres. Trump claiming he has “total” authority to reopen the states: “There would be a real battle in court over this because the president does, under a national emergency, have much broader authority than he normally does.” https://t.co/cVclFZQmjA pic.twitter.com/5QQ10JQ7rO

— The View (@TheView) April 14, 2020

Joy Behar asks Chris Christie if the constitution gives the President the power to open the states back up after the states put themselves into quarantine measures.

She says, “Constitutionally speaking, does he know what he is talking about?” She continues with her condescending tone saying, “What is the truth of it? Who has the authority to open up the states?”

Christie responds, “I think there will be a real battle in court over this. Because the President does, under a national emergency, have much broader authority than he normally does.”

Christie goes on to say that the President used a “federalism argument” when he put the power on states to issue quarantine measures. He says that the President and the Governors need each other, which means we will likely see a compromise between the two authorities.

Any way you look at the situation, the President has the authority now, and in the past, to ensure that states do not overstep, and disregard citizens’ rights guaranteed to them by the constitution.

During a time of national emergency, the President’s authority becomes absolute as he does not have to answer to congress.

Again, that is only DURING the national emergency.

As soon as it is over, congressional oversight can and will hold the President responsible for any activity that goes against the Constitution of the United States.