Still ignoring the fact that NY is a dem controlled state. Guaranteed if a red state had 25K deaths and NY had 500 or so, several of you would be pointing out daily how the repug lead state governments killed people.
Why are you folks so afraid to address the NY situation honestly instead of going for the November agenda? It's not a good look for ya's.
Are you saying this is wrong:
2. No, the president cannot simply order state and local officials to change their policies
Here we have issues that fall under the headings of both federalism and separation of powers. Let’s start with federalism.
Most readers will appreciate this already, but it needs to be said: Our cons utional order has a federal structure, meaning that (a) federal powers are supreme, yes, but limited in scope and (b) the state governments are independent en ies, not mere subordinate layers under and within the federal government (that is, the federal-state relationship is not similar to the way that counties and cities are subordinate layers under the state governments).
What follows from this? The federal government cannot commandeer the machinery of the state governments (or, by extension, of local governments). That is, the federal government cannot coerce the states into taking actions to suit federal policy preference. See, e.g., New York v. United States and Printz v. United States. And so, the federal government cannot compel state and local officials to promulgate different rules on social distancing and the like.

Reply With Quote
