Fact Check: What Power Does the President Really Have Over State Governors?
Sometimes it’s hard to distinguish fact from fiction, especially when the United States has had a complicated relationship with telling the truth. Lately, things are likely even more confusing given the back-and-forth between the current president and roster of state governors. As fake news spreads across the country, the president has threatened to force states to reopen and exercise "total authority" during the COVID-19 pandemic. However, is he right? In the past, there have been many examples of presidents overruling states and misusing their power.
Facts can be stubborn things, but so can politicians, which is why we’re taking a look at who’s really in charge of states in times of crisis.
The President Decides When States Can Reopen or Close
Nope. Donald Trump recently made a statement claiming, "They [governors] can't do anything without the approval of the President of the United States." He also wrote on Twitter, "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 and the Federal Government. Let it be fully understood that this is incorrect...."
Trump’s statements are completely false. According to the 10th Amendment of the Constitution, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This means the president only has powers that are outlined in the Constitution. As much as he’s allowed to try to intimidate governors into reopening the states they lead, the president doesn’t have the legal power to alter state orders.
States have adopted their own safety measures in response to the COVID-19 outbreak, but Trump threatens to "override governors" if they don’t reopen churches or businesses. He can’t actually order them to do it — it’s against the law. Trump has no power to ease restrictions or shut down entire states, but governors do. They have the power to protect the safety and health of the people in their states. Some states reopened in phases, but then spikes in cases forced them to roll back the reopenings. The uptick has also led to mask mandates in many states, such as California, Nevada, Texas and New York.
Trump’s startling remark about his powers is incorrect, but this isn’t the first — or even the second — time it has happened.
When Somebody Is the President of the United States, Their Authority Is Total
False. It’s a common misconception that the U.S. President is the most powerful person in the country and the world. Even Trump stated that the president has "total authority," but this is fake news. Legal experts say Trump’s comment isn’t anywhere in the Constitution, and there haven’t been any provisions to the supreme law to support it.
In 1974, Richard Nixon tried to use his powers to withhold information (specifically audio tapes) from the public during the Watergate scandal. However, the Supreme Court ruled that his executive privilege didn’t protect him. Bill Clinton also tried to assert his powers in federal court after his affair with Monica Lewinsky was discovered, but it didn’t help him either.
Law professor Susan Low Bloch said it best: "The president is not a king. His powers are broad, but they are definitely not ‘total.’" Although Trump is convinced that he has all the power, his dangerous claim is far from the truth, which raises the question of where he got that idea and what he may try to do. He doesn’t have all the authority, but his views and opinions are still very powerful.
The President Has No Power Over State Governors
Incorrect. The commander-in-chief can send the military to control states and state governors if the president believes they are involved in a violent uprising or rebellion against the government. This power is granted by the Insurrection Act of 1807, most famously used by Dwight D. Eisenhower to protect the Little Rock Nine on their way to school.
In 1871, Ulysses S. Grant also invoked the Insurrection Act to suppress the Ku Klux Klan in South Carolina. Federal troops were deployed by Grant again in 1872 due to racial violence across Louisiana following the gubernatorial election. John F. Kennedy sent troops to Southern states to enforce desegregation orders in public schools as well, but that wasn’t the only time he cited the act. Kennedy also ordered troops to control the Ole Miss riot of 1962 and the Stand in the Schoolhouse Door incident during the Civil Rights Movement.
The President’s Control Extends Beyond Laws
True. Despite having no authority to reopen or close states during today’s public health emergency, the president can still impact state governors in important ways. Whether a president’s remarks are true or false, they have powerful effects. For instance, those who trust President Trump will look to him for information and guidance rather than to their state governor. However, Trump has a pattern of providing false information that has led to dangerous outcomes, such as suggesting the public inject themselves with disinfectants. These harmful claims can create problems that governors then have to overcome, especially during the pandemic.
While the president downplayed the seriousness of the outbreak and politicized basic precautions meant to keep people healthy, governors took the lead in managing the spread of the virus in their individual states. Some states enforced strict stay-at-home orders and encouraged the public to wear face masks to protect themselves. However, flattening the curve required a group effort, and some people refused to comply. Instead, they followed the actions and words of the president, who refused to wear face masks for the first several months of the pandemic, doesn’t practice social distancing and rarely listens to the advice of the country’s top health experts. As a result, states are having a difficult time beating the virus and keeping people safe.
Trump also failed to immediately provide ventilators, personal protective equipment and other materials to help states fight COVID-19. Instead, he advised governors to find their own lifesaving equipment, which led each state to fend for itself. Case in point? Gov. Gavin Newsom turned to Chinese companies for face masks, while Gov. Charlie Baker asked the New England Patriots’ owner to use the team’s plane to bring back supplies from China.
The president’s viewpoints also put political pressure on state leaders. If they don’t follow the president’s lead, his supporters may see them as enemies and continue to ignore those governors’ efforts to keep people safe. Sometimes, elections are used to sway governors. For instance, President Trump suggested that he would want to see leaders run for re-election if they followed his orders, which potentially emboldened governors who weren’t acting in the best interest of public health or safety. In the early weeks of the COVID-19 pandemic, the president also stated he was only willing to help governors of blue states if they stopped criticizing him.
These attempts at controlling governors’ actions, while transparent and manipulative, did indeed impact their behavior during a time when they were desperate for help. It ultimated showed the kind of control a president can exert without calling on laws to do so.
During National Emergencies, the President Is Given Complete Control
Mostly Untrue. It’s actually not the president or state governors who are given control during national emergencies, but Congress. Although the National Emergencies Act, the Stafford Act and the Defense Production Act give the president more power than normal during a crisis, Congress still has the final say about many things.
When President Harry Truman tried to pass an executive order to seize and shut down the country’s steel industry during a nationwide steelworkers strike, the Supreme Court blocked his efforts, arguing that Congress and the Constitution didn’t grant him the power to do so. Truman even claimed it was a matter of national security, but the Supreme Court disagreed.
However, there have been cases in the past in which presidents abused their powers and took control. In 1861, Abraham Lincoln suspended habeas corpus during the Civil War without approval from Congress. Franklin Roosevelt used emergency powers to detain more than 100,000 Japanese and Japanese-American people in internment camps during World War II — although Congress eventually implemented this order itself. However, the fact that instances exist in which presidents acted without regard to their constitutionally conferred power or to congressional authority doesn’t mean these are new standards that have been set that we must accept today.
Despite these examples, laws have been amended to check and moderate the president’s powers. When it comes to determining who has more authority between the president and state governors, it depends on the situation. However, today, the Constitution and Congress hold the highest legal authority and power to exercise the most control.