The wild west is back!

On Monday, Governors from the states of Washington, Oregon, and California announced plans to combat the spread of the coronavirus together by creating the “Western States Pact.”

They all agreed to work together to develop a plan to lift restrictions on daily life and reopen economies along the West Coast. If I were to look at this from the outside in, these Governors are trying to one-up Pres. Trump who said he is the authority of opening up the country.

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“COVID-19 doesn’t follow state or national boundaries,” Newsom, Oregon Gov. Kate Brown and Washington Gov. Jay Inslee said in a statement. “It will take every level of government, working together, and a full picture of what’s happening on the ground.”

Newsom said he intends to provide details Tuesday on California’s strategy to begin to walk back his stay-at-home order and allow businesses to resume functions.

The statement from Newsom and the other governors lacked specific details, broadly describing a few basic principles they agreed to follow as they develop strategies to return some level of normalcy to their states. The governors said they will be guided by data, prioritize health over politics and work together and with local communities.

We need to see a decline in the rate of spread of the virus before large-scale reopening, and we will be working in coordination to identify the best metrics to guide this,” the governors said. [LA Times]

As you saw earlier, Pres. Trump had announced that he could open up states from their lockdown, but that’s not entirely true, according to the Constitution, the federal government does not have that power.

The Constitution’s grant of limited, enumerated powers to the national government does not include the right to regulate either public health or all business in the land and hopefully, Pres. Trump doesn’t force it because if a Democrat wins the White House, they are going to skirt the Constitution too, and those on the right won’t argue to stop them.

The Constitution affords Congress the authority to “regulate Commerce with foreign Nations, and among the several States.” This and only this gives “the swamp” an important, yet supporting, role in confronting the COVID-19 coronavirus pandemic.

That means they can ban anyone who might be infected with the virus from entering the U.S. or traveling across interstate borders, reduce air and road traffic, and even isolate whole states.

Anyone with a basic understanding of the relationship between the federal govt and states knows the president can’t order governors/states to “reopen”…just as he couldn’t order them to “close.” It is called federalism.

It is what got President Bush pasted by the “news media” for Hurricane Katrina. Bush did not have the authority to “order” the Governor of Louisiana to do anything before, during, or after Katrina. The media ignored this fact because it gave them a chance to hammer away at Bush, and to his discredit, Bush never pointed this out. Governors run their states, not the federal government.

 

 

This piece was written by Wayne Dupree on April 14, 2020. It originally appeared in WayneDupree.com and is used by permission.

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