Federal vs. State Powers in Rush to Reopen Amid the Coronavirus Pandemic

Hodge JG. Federal vs. state powers in rush to reopen amid coronavirus pandemic. Just Security. 2020; (online April 27)

4 Pages Posted: 28 Apr 2020

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: April 27, 2020

Abstract

Despite millions of active infections and tens of thousands of COVID-19 deaths, multiple state governors, led by Georgia Governor Brian Kemp, are actively reopening businesses and withdrawing stay-home orders. President Trump should be elated. The White House has aggressively pushed state efforts to reboot the economy. Yet, the president publicly criticized Kemp for proceeding “too soon” in a rush to reopen. Underlying the political theatrics, the novel coronavirus is exposing a deep rift in American federalism as federal and state governments vie for primacy in remedying the nation’s ills. What powers could the president use to influence state actions whether to impose or lift mitigation measures? What zone of decisions are designated for the states alone?

Keywords: COVID-19, coronavirus, federalism, state, police power, re-opening, social distance, constitution, powers, legal, law

Suggested Citation

Hodge, James G., Federal vs. State Powers in Rush to Reopen Amid the Coronavirus Pandemic (April 27, 2020). Hodge JG. Federal vs. state powers in rush to reopen amid coronavirus pandemic. Just Security. 2020; (online April 27), Available at SSRN: https://ssrn.com/abstract=3587011 or http://dx.doi.org/10.2139/ssrn.3587011

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

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