No, Trump Cannot Open the Country Back Up Whenever He Wants

The president again insisted that the federal government can open the country by fiat. It cannot.


President Donald Trump is certain that he can reopen the country and relax state-level social distancing orders whenever he sees fit. 

"For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors [sic] 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," he tweeted. "It is the decision of the President, and for many good reasons."

The U.S. Constitution and Supreme Court precedent say otherwise. For starters, quarantines and other public health directives fall under "police power," which is distinctly designated to the states. The Supreme Court confirmed in 1824 that quarantine laws fall under state purview. 

The federal government's powers include printing money, regulating commerce between the states and between parties outside the U.S. and those within the U.S., and waging war. It cannot force the states, which are expressly granted their own sovereignty by way of the 10th Amendment, to reopen their economies. Over at National Review, attorney John Yoo—no stranger to arguing for the federal government's power—notes that the authority to regulate commerce does not include the ability to speak it into existence: 

Congress can control commerce that crosses state lines, and even prohibit wholly intrastate activity that affects the national markets. It cannot, however, force individuals and businesses to engage in business in the first place. In NFIB v. Sibelius (2012)the Roberts Court blessed this limit on federal power when it held that the Affordable Care Act could not require every American to buy health insurance. "The power to regulate commerce presupposes the existence of commercial activity to be regulated," Chief Justice John Roberts wrote for a majority of five conservative Justices. "If the power to 'regulate' something included the power to create it, many of the provisions in the Constitution would be superfluous."

Trump seems convinced that he has both the power and the responsibility to restore economic normalcy. "We're opening up this incredible country. Because we have to do that. I would love to have it open by Easter," Trump said in March. Public health officials and researchers responded that such a move would be disastrous for flattening the curve, prompting his administration to extend social distancing guidelines through the end of April. 

Even if Trump had not extended federal social distancing guidelines, many states certainly would have. New York is developing its own reopening strategy in partnership with several neighboring states, and California is leading a similar initiative with its geographic neighbors. Trump may ultimately bless these efforts, and even attempt to claim credit for them, but he is not practically or symbolically leading them.

NEXT: Michigan Bans 'All Public and Private Gatherings,' Will Still Allow Lottery Sales

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158 responses to “No, Trump Cannot Open the Country Back Up Whenever He Wants

    1. Hush he’s emoting and was certain he had a point

    2. Here Binion was, having a great time never-trumping, and you had to pee on his parade.

    3. Billy Binion doesnt realize that states like Georgia never shut down.

      The media is losing its grip on Kungflu hysteria having an effect.

      Trump will be reelected, Blue states will lose House seats for Census 2020, and the economy will be even stronger than before the hysteria.

      1. LoveCon might as well be Donald Trump. Think about that for a second.

        1. You know Trump does not do all his own tweets? He has intern staffers do some.

      2. Quoting from the story…”It cannot, however, force individuals and businesses to engage in business in the first place”…I have a question.

        COULD, however, the president call out the National Guard and federalize the state Guard units to ALLOW private individuals and business’ to thwart state regulations that may continue to keep their citizens lock-downed?

        I am NOT necessarily recommending this course of action….

    4. Muh 10th amendment.

      1. Yer full of shit.

      2. Has lost to the CC every time.

    5. Trump has no direct power to open up commerce however with the DOJ he can start throwing governors in jail for abuse of rights. The Constitution, every state constitution, make if fundamentally clear you cannot take healthy peoples right of religious or right to assemble away. At least in my states the governor can only call martial law if we are invaded.

      Throw a couple of mayors and governors in jail and the rest will quickly open up their states.

      All it will take is somebody to say the constitutions matter.

      1. Quoting from the story…”It cannot, however, force individuals and businesses to engage in business in the first place”…I have a question.

        COULD, however, the president call out the National Guard and federalize the state Guard units to ALLOW private individuals and business’ to thwart state regulations that may continue to keep their citizens lock-downed?

        I am NOT necessarily recommending this course of action.

      2. Ozzy, There have been cases in several states–most recently Virginia–where arguments have been made in the Courts to this effect. All have been unsuccessful. The Kansas Supreme Court upheld the order that the Governor there, even when the Legislature tried to overturn a part of it. You don’t get to go out an endanger everybody else’s health and life just because you don’t like doing what you are told.

    6. Everyone knew the context in which he was referring to federal powers, even clarifying his statement for the jackals in the room who will totally ignore it. Is it your position that a state, in a form of nullification, can refuse to engage in commerce with the rest of the country if they chose? I thought that went out with John C. Calhoun.

    7. Funny how we always remind foreigners that the US guarantees individual rights, unlike not country in the world. The states formed the Federal Government and in so doing they were guaranteed to leave the union if they chose to do so. The civil war certainly proved like all Federal government treaties and contracts, especially those with the American Indians, were nothing more than a peace of worthless paper. Lincoln not only fought a war to prevent the Southern States to leave and form their own union, he abolished all rights and jailed war protesters as the war progressed. He in effect made himself a dictator. Since then, the states pretty much had no rights at all despite what the constitution says. In contrast, don’t know anything about the Czechoslovakian constitution, however, they decided to part ways, you now have the Czech and Slovak Republics, not an ounce of blood was shed and that delicious beer, Pilsner Urquell is still available not from Czechoslovakia, but from the Czech Republic.
      Over time, to the Federal Justice Department and apparently to all presidents since Lincoln, including Trump the chump, the US constitution is nothing more than a piece of antiquated manuscript, kept behind glass in a museum for tourists to gawk at.

    8. Quoting from the story…”It cannot, however, force individuals and businesses to engage in business in the first place”…I have a question.

      COULD, however, the president call out the National Guard and federalize the state Guard units to ALLOW private individuals and business’ to thwart state regulations that may continue to keep their citizens lock-downed?

      I am NOT necessarily recommending this course of action.

    9. He who has the money has the power.
      Open air travel. Borders.
      Stop the state of emergency
      And withhold $$$ to states that don’t open.
      Easy Peasy.

  1. “It cannot force the states, which are expressly granted their own sovereignty by way of the 10th Amendment, to reopen their economies”



    1. Highway funds?

      1. Correct, that was based on the authority of the federal government to tax and spend, which was the block grants. Not the commerce clause. Glad some are standing up to the white trash know-nothing pretend lawyers that populate ersatz libertarian sources.

  2. Its about time to open stuff back up. Half a year the country is basically gonna be shutdown.
    In other news, Bernie endorsed Biden.
    So now its Sleepy Joe” Dog Faced Pony Soldier You know the thing Buy a shotgun” Biden vs the Orange one. Biden will never survive the debates.

    1. If you have pointers on pandemic management, try to persuade your governor that disaffected slack-jaws have the answers to this problem.

      1. I am the walrus!

        1. Just imagine the response in a state that has a governor that wants to keep the lockdown, but that Trump says can loosen it. Pressure, anyone?

          1. For some of us, that’s the only hope.

            States like KY have a D governor, but went heavily for Trump, and will do so again. Right now the governor is getting mostly cooperation, but he’s on the clock, especially after yesterday’s display of sending out his personal gestapo to churches on Easter.

            The natives outside of Louisville and Lexington are not very happy with him right now because their lives and businesses are being destroyed. He’s already pushed back the date twice (Originally April 6, then April 20, now May 1, and he said tonight while holding court that May 1 was too soon and will probably be extended again. People outside of the 2 cities won’t have that shit for the most part.

            And if T comes out and says May 1 (or whatever) and Beshear goes another way, shit will hit the fan.

      2. You realize pandemic just means a disease or illness that is widespread? HIV and influenza are pandemics. How about we follow models that actually worked in the past, quarantining those at risk and everyone else practice good hygiene?

        1. Which BTW is basically what several states such as Wyoming and North Dakota are currently doing well.

          1. Georgia is almost back to normal. All sorts of people were out for easter.

            1. Being out and being allowed to work are not the same.

              1. All sorts of people working.

                Not everyone because some companies are taking government recommendations for law.

        2. Why not? This is a test to see how much we will submit and how well the police will suppress defiance. Just like 9-11. These totalitarian powers and policies will not go away. They will only expand with the next “crisis” and the next one after that until this country becomes a dystopia straight out of a science fiction novel.

          Now excuse me, I need to adjust my tin foil hat.

        3. Compared with the Covid19 virus, HIV is extremely difficult to transmit — indeed, in the late 1980s, it took great effort to convince the public that you DIDN’T need to stand six feet away from an HIV+ person, nor did you need to wear a face mask around HIV+ people, and you didn’t need to be afraid if you child drank from the same water fountain as an HIV+ classmate.

          As for influenza — vaccines have been available for many years, although a lot of people don’t bother getting them. Once we have a safe and effective vaccine against SARS-CoV-2, then we can start following the seasonal influenza model.

        4. Ditto. In my state of Virginia, seasonal flu killed over 1400. We now have 149 Covid 19 deaths and a lockdown. Does this make any sense whatsoever? If the Feds say you can open up, I would open and take my chances in the courts cuz the gov cannot demonstrate that a medical emergency exists.

      3. “If you have pointers on pandemic management,..”
        If you ever found a brain cell, you’d understand why your incessant yapping gets only derision, asshole bigot.

  3. We need moar lockdowns!

  4. >>expressly granted their own sovereignty by way of the 10th Amendment

    Filburn on line one, Raich on line two …

    1. Sorry Sibelius reached the TraitorRapistNazi first.

  5. Watching America’s governors disregard and mock a flailing, impotent Donald Trump will be handy entertainment for those of us who just finished Boardwalk Empire.

    (I just watched four likely-to-be-released-soon campaign advertisements consisting largely of recordings of Trump’s recent statements. Trump fans seems destined to dislike them intensely. Trump’s mouthpiece will probably issue more blustery, hollow nastygrams to broadcasters threatening licensure problems and litigation on the Trump campaign’susual grounds for objection. Most Americans are sure to enjoy them.)

    1. Yeah, well, you know, that’s just like, your opinion, man.

      1. Try to find an actual lawyer — not some clinger with a Liberty degree or an Ave Maria faculty appointment, but a lawyer positioned to be taken seriously outside the clingerverse — who is willing to opine in writing that Trump will be able to override a governor’s police powers in this context.

        1. I want a fucking lawyer, man. I want Bill Kunstler man, or Ron Kuby.

          1. Ron Kuby looks like a recently divorced uncle who’s just started wearing the clothes and haircut that were hip when he was young.

        2. For the win.

        3. Apparently the hicklib is so ill-read he’s never heard of Shay’s Rebellion, and so addled by dementia he’s never heard of Orval Fabus.

        4. “Try to find an actual lawyer..”

          Try to find an actual brain-cell, asshole bigot.

  6. On the other hand, a federal suit by the DOJ against a state for restricting interstate commerce could drain a lot of state budgets at a time when sales taxes are way the hell down.
    Same for restricting religious rights.
    Same for restricting freedom of assembly.
    Let’s face it folks, all this “emergency” stuff is opinion. Maybe it is working, maybe the results would have been the same if we were left alone with our (alleged) freedoms.
    To quote Roy Orbison, “you’ve got your troubles, I’ve got mine”

    1. As the article pointed out, the legal question is pretty much settled, with crystal clear on point SCOTUS opinion in the Sebelius case. There will be no federal suit, but if there were it would take all of 5 minutes for a junior lawyer to put together a case for dismissal, which any federal judge would grant practically instantly. Far from “draining” their budgets, this would the cheapest case they’ll ever win. Finally, there is actually no law that says or implies that states cannot impose quarantines.

      1. Not a quarantine – its holding the entire populace in bondage.
        The 14th amendment gives the feds authority to prevent the violation of civil rights

  7. I have my doubts about the constitutionality of most of the lock downs, so this is just more of the same in my eyes.

    1. Looking forward to your pro se complaint.

  8. Sweet, sweet clickbait.

  9. The left, and reason, is hilarious about this. They literally just attacked Trump for leaving it up to Governors on CNN sunday, and now complain he wants the authority. Stick to a single narrative.

    Yes the states should lead the reopening of the economy. Just as they were responsible for the covid responses. We are in a federalist system after all.

    Trump is wrong here. But remember, the same asshole dem governors were the ones blaming trump for the crisis instead of their mismanagement. So fuck them too.

    1. They stick to a single narrative; what ever Trump does is wrong.

      1. Good point.

    2. JesseAz
      April.13.2020 at 6:53 pm

      “Trump is wrong here.”

      Holy shit, I think Hell is freezing over!!! WTF happened here!??!?!

      1. If you weren’t fucking stupid, ABC, I’ve said that plenty. But you and your anti trump, shit eating cohorts, think any praise of trump is always praise of trump.

    3. Had Trump been the one to order lockdowns he would be the one to lift them. Since Trump was not the one to order the lockdowns he cannot lift them.

      If, in our hypothetical universe where Trump did order lockdowns before the governors, the governors still thought he was lifting them too soon they could then issue their own orders to continue them, putting us in the same situation we are in now where Trump cannot override the state level orders

      Its likely that Congress could twist the commerce clause as its currently understood into legislation to order a reopen, but that will not happen with the current House

      1. If Trump had any moral authority, trustworthiness or competence his opinion as the President would carry great weight but of course he’s none of those things.

  10. Billy’s been busy pouting today. First MI governor is too strict, but Trump canna tell her what to do!

    1. Elect billy?

    2. Didn’t Billy use to run a carousel?

  11. He said that so that the governors would immediately contradict him and therefore take ownership of what’s going on in their state. Now everybody knows Inslee is “in charge” of Washington State and not Trump, so as the losses pile up, guess who they will blame? Oops.

  12. All 50 governors have asked for National Emergency declarations. The administration claims that gives them plenary power over a lot of things. Even if Trump chooses not to exercise those supposed powers, the Federal government has many, many purse strings it can tighten.

    1. Article IV, section 4 of the US Constitution describes states requesting help from the federal government. This would likely give the President the constitutional power to help in how the President sees fit.

      Lesson: dont ask for help from Trump if you dont want Trumps strategy for helping.

      Trump is seen more and more as the best President in US history and Lefties hate that. The election strategy failed, the coup failed, the impeachment failed, the Kungflu hysteria failed.

  13. It’s my economy, I can let it die if I want to.
    Die if I want it to. Die if I want it to
    You’d let it die too if it happened to you!

  14. “Reason” again shows itself as the worthless, weak opposition to totalitarianism. This would have been top of the website large print news with any other president.

    But you are a bunch of fucking pussies probably taking laundered money from Putin

    1. “top of the website large print news with any other president”
      If it was the Lightbringer the press would have either hailed as the greatest tweet since the sermon on the mount, or buried it below the crust.

      “taking laundered money from Putin
      “Mom, I posted it again!”

  15. Don’t worry I’m sure he’s got Jared working on it. Kushner is googling “how to open a country after a pandemic” as we speak.

    1. Been reading Vox again, huh.

      1. I didn’t get the vox reference. But my point that kushner is an incompetent bozo who would be working at 711 if it weren’t for nepotism stands.

        1. “I didn’t get the vox reference. But my point that kushner is an incompetent bozo who would be working at 711 if it weren’t for nepotism stands.”

          Your TDS means anything you post is NWS.
          Fuck off and die.

    2. Kushner is googling “how to open a country after a pandemic” as we speak.

      This would put him ahead of many of the governors. Also, since he didn’t shut down the states/countries it would put him in the moral/economic/liberatarian right.

  16. After Trump orders governors to withdraw their police power orders, he can order the stock market to get back to the level it had reached under Pres. Obama’s leadership.

    The more Trump talks, the better prospects for a Democratic Senate look.

    Eleven-member Supreme Court, anyone?

    1. Are you confident in the ability of candidate Joe Biden?

      Would you categorize him as a clinger, or as one of our betters?

    2. It’s more likely to be 8 soon. Has anyone checked in on Ruth Bader Ginsburg lately? She’s a very old, very sick woman. In other words, the most likely person to die if she catches this stuff. I imagine they’ve probably got her in an even more airtight plastic bubble than the one Biden is in.

  17. It cannot force the states, which are expressly granted their own sovereignty by way of the 10th Amendment, to reopen their economies.

    The federal government was created by the states – despite the “We the People” rhetoric it was the state legislatures that voted for adoption, not the people – and I don’t think the federal government “granted” them their sovereignty any more than the Bill of Rights “granted” us any rights.

    Now as to whether or not Trump can order the states to relax or maintain their quarantine regimen, well, that’s an issue of power versus authority and I think we all know nobody gives a shit about authority any more. Everybody’s agreed that unlimited power is only a bad thing when it’s in the wrong hands.

  18. No the president cannot order the states to re-open.

    Nor can he order them to shut down, as Fauci and a lot of Trump’s critics, have suggested he do.

    The US government deserves a bad president.

  19. April 13, 2020:
    Reason celebrates the fact that governments can force people to shut down their businesses and be trapped in their houses.

    1. “The Libertarian Case for Totalitarian Lockdowns” by Matt “Welchie Boy” Welch, probably coming soon to a bargain book bin somewhere near you.

  20. Trump being Machiavellian. He’s got the entire lefty brigade going full state’s rights. Even CNN can be heard whispering 10A glories. Comical.

    A few more press chats, and he’ll have these clowns whistling Dixie.

    1. A few more press chats, and he’ll have these clowns whistling Dixie.

      They will be keeping blacks in their own homes and away from polls for their own good!

  21. The Supreme Court confirmed in 1824 that quarantine laws fall under state purview.

    But this isn’t a quarantine. A quarantine is isolating sick people so they don’t infect others. What’s happening now in many states is that people who are NOT sick are being isolated, on the theory that that will prevent them from being infected by the sick people. That is not a quarantine; it’s house arrest.

    1. This. It’s martial law being implemented almost nation-wide.

      What’s going on now has really never been done before to this magnitude in our nation’s history. So I believe the earlier precedents may not fully apply.

    2. ^This^

      Cannot be repeated often enough and loudly enough.

      The whole “When do we restart the economy?” bullshit will lay it bear. Instead of people being able to test negative and go back to work, governors are going to have to wait for whatever nonsensical semblance of victory they can claim from their respective quagmires.

      1. And we’re in this mess because Trump is a worthless President who takes no responsibility because ultimately Trump doesn’t give two fucks about any of you. You’re all just useful pawns for what he does care about which is his own self interest. And unfortunately because he’s so grossly incompetent and incapable of meeting this challenge Trump has to gaslight and spare misinformation to protect his image.

        1. “And we’re in this mess because Trump is a worthless President…”

          No, we’re in this mess because lefty fucking ignoramuses like you won’t grow up.
          Fuck off and die; make the world a better and smarter place.

        2. Neither Vernon nor myself made even a passing reference to Trump. The President, had it been Trump or other, doesn’t have the power to quarantine in such a fashion exclusively. For someone who appears to detest Trump as much as you do, you sure seem to like talking about him when it’s neither relevant nor necessary.

  22. It cannot, however, force individuals and businesses to engage in business in the first place.

    But that’s the OPPOSITE of what those who are calling for reopening are calling for. They want the states to stop telling them they CAN’T do business, not for the federal government to tell them they MUST.

    Very weak piece, Billy.

    1. Yeah, it’s absolute shit on a couple of levels.

      First, Lincoln emancipated the slaves. End of story. If Boehm hates an imperial presidency, that makes him a racist (like the rest of us) and has since John Wilkes Booth pulled the trigger. He can cram all the “The Lost Cause is a false narrative.” nonsense up his ass sideways, the President orders the states open, what are they gonna do, secede?

      Second, it’s not The States and even in places where it is The States, it’s not clear that the governors have such unfettered powers especially in the face of popular opposition of their own constituencies. Polls open in November, is Boehm going to tell us that the governors can legally and Constitutionally keep them closed? Open only by appointment? Stupid anti-libertarian bullshit.

    2. My thought exactly. The Federal government has no authority to completely shut down businesses and order people to remain indoors without due process, or order them to reopen for that matter, but neither have the states, and there is ample precedent for Federal intervention when states overstep their authority and begin to oppress their citizens.

      Seen in that light, the Feds may not be able to shut down the economy, but they can most certainly reopen it.

      1. “…or order them to reopen for that matter,..”

        No one has to order anything of the sort.
        Remove the restrictions *keeping* people from working; they’ll get back to work in a minute.
        It is total bullshit to assume you must ‘plan’ the return to a market economy; it happens automatically.

        1. Oh, I completely agree. Businesses *want* to reopen, just like most people *want* to get back to life as usual. My point was merely that although the Federal government has no authority to order people and businesses around in one direction or the other, there’s precedent that they very much *can* stop the states from infringing on peoples’ rights.
          Just doing that would open the economy back up without the Feds interacting with a single citizen or business directly.

  23. We live under Federalism with states rights. It was up to the Governors to shut their states down. They tried to blame Trump, but it was their call. Therefore it is the same for restarting their economies and opening their states up. You can’t have it one way at the beginning and the other way at the end. I do understand Trump’s concern, he will be blamed for the bad economy in every state, while it is the Governor’s responsibility after making the calls.

    1. States do not have rights. Only individuals do. When the rights of citizens are being violated by state governments, it IS the business of the federal government to address that.

      1. States have something called sovereignty and that unfortunately is why the American revolution fell short. They never questioned sovereignty but fortunately enough they did tie it up into knot.

        1. I’ll bet you started drinking too early.

          1. Well you’re practically always wrong. It’s quite the talent.

            1. I’ve been binge watching a show about archeology called “Time Team” hence my Saxon name “Axeblood”. Y’all should check it out. It’s on YouTube.

            2. “Well you’re practically always wrong.”

              We’ll consider the source and assume you DID hit the bottle early from that posting.

  24. so, Billy read John Yoo’s article in NR…lol

  25. Only liberals and Professional Fake Libertarians are allowed to rule the country by fiat!

    1. Did Trump even use the word fiat?

      Or is he implying that he’s going to sort out half-witted governors and dim-witted media types with record low popularity ratings while they stammer about trying to find their own asses with two hands.

      And that’s not to portray Trump as some sort of genius as much as highlight that plenty of governors took this action without even the slightest idea of outcomes sought or consequences incurred. At some point, people are going to get tired of being locked in their homes and being told they can’t drink in bars or attend church. Trump is clearly taking up the defense of that position (or at least giving himself the appearance of having done so).

      1. Trump is the one mfer with actual power to help us reopen. It’s his actions matter not his fucking words. And Trump has case done basically jackshit to make it happen. Ifthere isn’t widespread immediate testing then this shit will blow up again. Trump needs to use the federal govt to gear up testing and that should have been done months ago.

        1. Lay off the booze before you post here, and seek treatment for your TDS, you pathetic piece of lefty shit.

        2. Pod….take it easy, bro.

          1. I am taking it easy. I feel weak if I move around too much. You just don’t understand and good for you. Ignorance I here is bliss.

            1. “Ignorance I here is bliss.”

              You should be forever, idiotically, happy.

  26. It isn’t a question of wanting to reopen it’s a question of how you do it without reigniting the pandemic. And the best answer is having COVID tests readily available practically everywhere.

    1. “It isn’t a question of wanting to reopen it’s a question of how you do it without reigniting the pandemic.”

      You mean the one that causes sniffles in nearly every case?
      Fuck off and die.

      1. It put Boris Johnson in the ICU. You’re a one trick pony.

        1. Yeah, and the seasonal flue typically kills 50,000 in the US; so what?
          Fuck off and die; all you got is lefty whining.

          1. And COVID would have killed 500,000 and fucked up the economy just as much if your advice was taken. You should be pissed off a Trump. He’s the one who didn’t prepare us for this shit. Trump needs to let a real man take charge. The one time we need a strong man we get a limp dick.

            1. “And COVID would have killed 500,000 and fucked up the economy just as much if your advice was taken.”

              Your TDS ate your cite. And by “cite”, I mean something other than an arm-waving, wild-ass fantasy from some idiot like you.

  27. Read the 10th Amendment, Dear Leader. For fucking Chrissakes, where are all of the ITS A REPUBLIC,NOT A DEMOCRACY!!! fetishists around here? I guess they left once Obama did.

    1. “Read the 10th Amendment, Dear Leader.”

      Oh look! Lefty shitbag finds A10 and can’t understand it!

  28. Funny how the politicians get all picky and choosy about how and when they want to acknowledge the constituion exists

    1. Except for 1A, especially 2A, 4A and 5A. 🙂

  29. God, I’m a fucking socialist and even this is too much of a governmental power grab. What next? Collectivization of private sector farms so we can all sing songs in praise of the new model of the Terrific Trump Tractor? That might be cool.

  30. This guy reminds me more and more of Fidel Castro. I’m beginning to like him.

    1. “This guy reminds me more and more of Fidel Castro.”

      No, shitbag, he hasn’t killed political prisoners.

  31. Y’all aren’t going to believe me but I think I have COVID. I had fever and sore throat for over a week. I’m just now feeling better but I wasn’t eligible to be tested because I didn’t have breathing problems and I’m not over 65 or otherwise especially vulnerable. It’s fucked up that there still are not enough tests. I know some friends of mine who think they caught COVID as well but they’re not sure because they were not tested. It’s a national disgrace that there isn’t testing sufficient. Trump calls it a war and then says I take no responsibility. Throw this mfer out of office.

    1. “…Trump calls it a war and then says I take no responsibility. Throw this mfer out of office.”

      Lefty fucking ignoramus:

    2. Yes, pod, you got the covid.
      Run immediately to the most crowded hospital you can find

      1. Maybe I should take a vacation to Russia and see your friend Putin?

        1. No, you should fuck off and die.

  32. “…It cannot, however, force individuals and businesses to engage in business in the first place…”

    No one is arguing that Trump can “force” people to engage in business; that’s not required.
    Get the fuck out of the way is all that’s required; people will engage in business without any directive at all.
    And it is my understanding that, while the governors have authority under certain ’emergencies’ to limit personal freedom, once that passes, the Fed can certainly step in and tell then enough is enough; remove the personal restrictions.

    1. “the Fed can certainly step in and tell then enough is enough; remove the personal restrictions.”

      Bingo. It would merely take invoking the commerce clause (underscored by the supremacy clause) and, boom, no more business-economic shutdowns in the obstinate states.

  33. This has got to be the dumbest fucking article Binion the Birdbrain has written, and this is saying a lot.

    Constitutionally, the power resides with state governors. Period.

    From a practical standpoint, just think about the following. POTUS Trump issues guidelines, based on recommendations from his advisers, that we can re-open the economy if a series of steps are taken. Now any governor can disregard that, constitutionally speaking, but I guarantee you were they to disregard the recommendations and not reopen the state economy…do you really think they would be re-elected? Not a chance. Practically speaking, POTUS Trump does have the power. He has the bully pulpit.

    This whole discussion is the dumbest discussion to date.

    1. “Constitutionally, the power resides with state governors.”

      What “power”?

      1. The police power.

        1. WIH is that supposed to mean?
          Why is purple?
          Fuck off and die, idiot.

        2. So police power is absolute and they can just do whatever they want indefinitely? Bill of Rights , out the door, checks and balances ourt the door? And its indefinite that these self appointed dictators get to rule this way? Who knew?

  34. I’m almost certain if Obama was presiding over this pandemic people would be pissing their pants hoping he has dictatorial powers.

    1. had

    2. There were people pissing their pants hoping he had dictatorial powers to avert a normal healthcare “crisis”.

  35. Let us contrast a pair of quotes:

    I believe that the very heart and soul of conservatism is libertarianism. ~ Ronald Reagan

    “When somebody’s the president of the United States, the authority is total.” ~ Donald Trump

    The Trumpy the Clown Show’s plot is twisting from idiocracy to autocracy.

    1. “When somebody’s the president of the United States, the authority is total.” ~ Donald Trump

      Your cite is missing.

      1. But when someone is a governor no civil rights apply at all?

  36. Orange Man Bad is a shell game for what is really going on.

    Look over here:
    U.S. Taxpayers in private industry are supposed to accept their new fate and accept our place in the republic. Our fate, for risk taking in the private enterprise system, is bailing out every fucking gov’t union; local, state and federal pension fund and the crony hedge funds that have run them into the stinking pile of shit these funds are and were in, long before Trump created and set loose the virus.

  37. Maybe it’s in the secret emergency powers other executives setup for themselves and he’s just gonna cash in their chips?

  38. So the states don’t have to respect 1A? But they have to respect 14A in regards to gay marriage?

    Seems like a case could be made especially regarding the actual Bill of Rights that they have to respect that

    I mean what do you think would happen if a state discriminated based on race because you know black people have a much higher infection rate? Its only right that all black people are extra special quarantined. SAFETY!

    1. The 14a is precisely why the 1a and nearly the whole BOR can’t be restrained by the states. The 14a essentially invited the notion of incorporation, which extends our constitutional liberties to the states.

      You can thank John Bingham and assorted Justices.

  39. Ya, it’s good to confirm that the U.S. Constitution empowers the States to promote the health and welfare of their residents.

    1. It says a bunch of things. Like freedom of speech, to assemble etc the very first amendment.

      I can’t find where it says “unless there is a virus and then the governors of each state decide what civil rights apply”

  40. I bet my house, that states such as MI will remain shut down for only God knows how long. Famed Dr. Zeke Emmanuel (democrat), advised that states must remain shut down for a minimum of 21 months, or, unless a vaccine is discovered before the 21 month shut down expiration period. How many will die from starvation in that period?

    1. I think end of April will be some unraveling. End of May more and if they somehow hold it together end of June riots.

  41. This is huff and puff malarkey…it is a distraction for fake news to spill……We are at war, it is a national and world wide emergency, the President will most likely have a meeting of all state governors, assess the situation and make the adjustments needed to restart the economy with restraint and more input to act accordingly….If that doesn’t help you then read the Civil War history, look at how Lincoln was forced to take the upper hand to keep chaos from destroying the war efforts…….

  42. So “police power” is anything goes for however long the little Hitlers decide?

    No way this could be abused now, No Way?

    Orange Man Bad for hinting we restore our civil liberties Orange Man so Bad!

  43. Cuomo says we don’t have a king. Certainly Trump isn’t a king. But King Cuomo has for sure dictated what businesses in New York may operate, and which may not. Closed parks, theaters, restaurants. King Walz did much the same in Minnesota. So did 40 other kings in other states. Podunk towns all over our country are treated just the same as major population centers, and to no particular purpose.
    Better to have said “If you’re elderly, or diabetic, or overweight, or have any of these other XXX compromising factors, then be extra careful in these (specified) ways. Otherwise, go on with your lives.”

    1. Better to have said “If you’re elderly, or diabetic, or overweight, or have any of these other XXX compromising factors, then be extra careful in these (specified) ways. Otherwise, go on with your lives.”
      Yet, when 0blama was in the WH, and the press didn’t hype it to the moon, we didn’t even do that for the H1N1 pandemic in 2009.

  44. For the paroxysms he gives the left alone, I would not mind Prez For Life Trump.

    That would make me happier than seeing people walking around with Zodiac buttons

  45. Billy Boy, stop pretending you know what you are talking about. You are not an authority and you are not in authority, so stop arguing from authority.
    The president and the federal courts and federal law enforcement can open up business in the states, if they really want to. They have more and bigger guns. State lockdowns are not quarantines, they are restraints on and interference with interstate commerce. Federal courts have held that nearly any commercial activity affects or touches interstate commerce, and states cannot interfere with it, according to their thinking.

    1. Yes. And I think all of these opinion pieces on power forget we had a civil war over States’ rights. Go ask the South about it.

  46. So what do you do with people like me who have had the cold but their governors are still locking us down when we are a threat to no one? That isn’t quarantine. That’s tyranny.

  47. This is a great example of how some news sources do fight to get the word out as to what is actually going on, but the censorship is so strong that they can only write heavily coded stories.

    These stories are so heavily coded that they barely make any sense at all. However, since the message is simple it doesn’t have to that complicated.

    Thus, my interpretation is that the states want to open back up before society collapses because they can see where the shut down is headed, Biblical end of days (what I saw when I first heard of the shut down but couldn’t say directly myself either but instead tried to urge the concept of thinking rationally and that shutting down the economy would be so severe an action that it would turn back on again was even unknown. As in historiclaly, governments have never used the kind of quarantine that the US and I think other countries used. When they did use quaratine it was either tighter or looser. The way the standard quanatine was set up in the US and probably other countries was so ensure the greatest number of fatalities from Covid, the lowest immunity to other diseases, and to bring in famine as well as destroy the hospital system by alrady pushing it to the breaking point with Covid before the next wave of diaster came.

    However, unlike a Biblical end of days, this end of days was totally designed by Trump for no other purpose, even if he almost certainly lied to people to tell them it would bring wealth and power, than to prove to himself that he was a god.

    Folks, how stupid can one be? If you need to try to destroy the world to try to prove to yourself that you are important somehow, you clearly are not at all important but memrely the culmination of a series of bad human choices and thus perhaps not even a real human being.

    So, for those who pray for forgiveness for their sins, do begin to pray, I think the end is near. If you don’t pray, my view (as someone who reads coded messages all the time) is that you will probably be in better shape to meet God or what you take as God than those that do. The key is have you tried to make ethical choices, particularly with Covid. So it isn’t excpeted that you would have made ideal choices but just that you tried to do what seemed the best and within your own capabilities.

    This take me to what I think is a great example of the kind of person who is going to get that ticket to heave. She was a gorgeous single mom with two cute kids. She didn’t know how to feed them because she lived week to week on her hourly salary. So, she decided to pick up a little money as a prostiture. Normally, being a sex worker is not considered an ideal choice. In her world, it was the best choice she could make. Her goal was to keep her kids alive she didn’t care if her own soul was tainted she just wanted to protect her kids and keep them as healthy as she could even if her own bad choices was what had gotten her to the point of chosing prostitution to try and feed her kids.

    However, with society falling apart, men started becoming more violent and they started murdering her sometimes during the sex act. But because we are the end of days and can’t die anymore anyway beause we are already dead and have been for some time, how long is up for debate but we are all dead already, it is just a matter of facing that we are dead to become actually dead. She found though that the men killing her actually seemed to lighren her load of sin. She was becomming more pure and thinking more clearly after being killed but then she saw that her little girl was extraordinarly beautiful would soon be at risk. While she was benefitting in some crazy way from a prostitute that was murdered by clients, she didn’t want that for her 7 year old daughter. It just felt wrong to her even if the outcome for herself had been okay.

    So instead of sending her daughter out as a sex worker she answered an add that two men from a church were going around and telling people about. That was that the poor old folks apartment building had old people on SSI who would take in children, not too many but a few per apartment room and feed and house these kids “until” the shut down was over. (of course if you are reading me here you know the shut down was designed not to be lifted so this was all just end of days prepping andl ooking at past sins)

    The mother took her little girl and boy to the complex an older woman was waiting tor them. The mother was afraid that this was the wrong choice because a voice in her head said that leaving the kids with this woman would be a “ticket to heaven” which the mother thought meant death. But the kids were already dead and bad been for someon time, again how long we don’t know, which means we are in hell. And the ship or whatever it is is just taking us out of hell rather than taking us to heaven So, the sense that leaving the children with the old woman was a “ticket to heaven” guaranted that the children were safe and that the mother had made an ideal choice even if it felt wrong to leave her kids with a total stranger.

    More on this project later.

  48. This is just the latest instance of Trump’s total ignorance of the Constitution (at the least) and/or narcissistic ego inflation.

    The Trump Administrations’ relentless incompetence, if not outright malfeasance, is largely responsible for the state that the COVID 19 pandemic has put the United States into. There were numerous warnings from both inside and outside the government and country, which Trump and his Administration willfully refused to act on. At least six weeks of vital time that could have been used to prepare the country and prevent the spread of the virus were wasted. A coordinated nationwide response has never been implemented. The last thing we need is to listen to his clueless bombast and try to “reopen” before those with much more knowledge and common sense–not to mention legal authority–have made a determination of the proper courses of action to take.

    The Trump Administration’s handling of the COVID 19 situation will already go down as one of the greatest Presidential failures in history. He really shouldn’t make things worse by “opening” too soon and being responsible for more deaths than he is already.

  49. As a matter of fact, Trump CAN force governors to end their lock downs. Mark Levin explained this on Sean Hannity’s show last week. If a governor’s policies (in this case quarantines) affect interstate commerce, then Trump would have legitimate reasons to nullify state lock down orders. I am very certain that California, Washington and New York will try to halt imports to their states citing COVID-19 concerns but Trump can order the ports opened as well.

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