Trump actually has limited legal authority over states to 'reopen' the economy thanks to the 10th amendment and the 'sick chicken case'

Getty

President Trump is aiming to "reopen" the economy by Easter, but experts say that won't be possible - or safe.

• President Trump is taking a new tack toward the coronavirus outbreak this week by calling for an imminent roll back of social distancing. But the president could face major hurdles in trying to enact his plan to "restart" the economy.
• During Monday evening's marathon press conference, political observers began pointing out the lack of a feasible plan from the president on how to get people back to work.
• Because of the 10th Amendment, Trump can only do so much to reverse the stay-at-home and essential work orders imposed by several states.
• Trump has been hesitant so far to use his widest-reaching emergency authorities. He's invoked the Defense Production Act but has stopped short of fully enforcing it by compelling businesses to produce necessary medical supplies.
• Visit Business Insider's homepage for more stories.

President Donald Trump is looking to "reopen" the American economy by Easter, but beyond the public health impacts of such a decision, the logistics of doing so will be complex, if not impossible.

The president's pivot to calling for rollbacks of social distancing and for businesses to reopen has left political observers perplexed over how such a goal could be achieved.

States and their governors have largely led the coronavirus response on the ground through stay-at-home orders, and mandatory closures of non-essential businesses. States enjoy protections under the 10th Amendment, which gives states exclusive authority over powers not given to the federal government within the Constitution.

President Trump has mostly avoided exercising executive power to combat COVID-19 - the disease caused by the novel coronavirus - leaning more heavily on public-private partnerships and emphasizing each state has different needs.

This has led to clashes between Trump and governors, such as on Tuesday when New York Gov. Andrew Cuomo once again implored Trump to actually enforce the Defense Production Act, which would compel businesses to produce necessary medical supplies, such as ventilators. Cuomo said New York will need at least 30,000 ventilators in the coming weeks.

Trump has emphasized jump-starting the economy and has hesitated to implement more stringent public health measures. He continues to urge states to ease up on restrictions, but legal precedent is not on his side.

In the 1935 Schechter Poultry US Supreme Court case, the court shot down the government's assertion that an economic emergency was enough to justify overriding state commerce regulations. The decision stymied a provision in the National Industrial Recovery Act during the Great Depression that sought to regulate price fixing in chicken sales, earning the nickname "the sick chicken case."

Court challenges remain one of the few ways the president could combat state orders, and the Schecter case will likely be a key point in Trump's challenge to state laws, becoming top-of-mind for judges.

If he opts not to engage in multiple court battles with states, Trump is left only with the bully pulpit as his most effective tool for getting Americans to emerge from self-quarantine and social distancing. He has, over the past several days, increasingly used his daily press conferences to promote such an agenda.

Until a more sturdy legal framework or executive order is fleshed out, those will remain the president's only jumper cables to fire up the economy heading into reelection on Nov. 3.

Get the latest coronavirus analysis and research from Business Insider Intelligence on how COVID-19 is impacting businesses.

I don't understand what these Trump comments are even about. The lockdown measures are being imposed by states, counties, and cities. Is he going to sue them? Send mean tweets?

What action is being proposed here? Is he just announcing a reversion in his own rhetoric?

- Ezra Klein (@ezraklein) March 23, 2020

NOW WATCH: What COVID-19 symptoms look like, day by day