Fox’s Judge Nap: It’s up to Governors to Reopen States, Not Trump

Fox News senior judicial analyst Judge Andrew Napolitano explained on Tuesday that governors would make the decision about reopening their states, not President Donald Trump. Napolitano clarified the legal situation, which contradicts Trump’s claim to ‘total authority’ on the matter.

“Who has the power? Is the President’s power absolute or do times like this, when it’s a question of federal government versus state government, the states have the power?” Fox & Friends host Steve Doocy asked.

“Well, the latter has historically been the case,” Napolitano said. “In areas of health, safety, and welfare. The Tenth Amendment expressly reserves the power to regulate for those areas to the states.”

“So, the federal government can help out with cash. It can help out with resources. It can help out with information and it can help out with guidelines.”

“But in terms of the actual power, for example, to reopen Broadway theaters, to reopen stadiums, to reopen restaurants, to reopen other parts of the economy that have been shut down – It is the governors who have shut them down. And it is the governors who will make the decision to open it up.”

The Judge went on to say that the federal government could take action to encourage states to open up.

“There are things, however, that the President and Congress can do,” he said. “One of the ways that Congress gets to regulate in local areas is by giving states money to conform to congressional will. Now, some people call this bribery. Others call this largess.”

Watch the video above, via Fox News.