A week ago, Donald Trump asserted that he had the power to order states to reopen. By the next day, he had partially walked back that statement. Meanwhile, protesters in more than a dozen states have been gathering to protest the stay-at-home orders, arguing social distancing orders violate their First Amendment rights.
So, what does the US Constitution actually say about who has what authority during a public health crisis? David S. Schwartz is a Professor of Law at the UW-Madison Law School, where he specializes in federal-state constitutional law. Schwartz joined Monday 8 O’Clock Buzz host Brian Standing on April 20, 2020.