The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In response to President Trump asserting that he has the authority to end the COVID-19 lockdown nationwide, NBC’s Dartunorro Clark has decided that pesky Tenth Amendment actually means something; that he can’t usurp state powers.
The president also appeared to state incorrectly that he, rather than governors and local officials, had the authority to order states and cities to end public health measures that have closed businesses and curtailed other activity.
In fact, under the Constitution, powers not specifically given to the federal government, including police power, are reserved for the states.
Nor is Mr. Clark a lone voice in the media wilderness. Two more NBC reporters echoed that sentiment.
But experts — and the Constitution — say Trump is wrong. The authority to require businesses to close in a public health crisis is what is a known as a “police power,” and it is reserved by the Constitution to the states, not to the federal government.
It seems odd that none of these folks are taking note of the “commerce” clause, usually so beloved of the Left. It’s been used to rationalize federal control of everything from a farmers growing crops for personal use, to protection of government-bred wolf/coyote hybrids, to carrying a gun in a school zone.
One might think that national commerce fell within the limits of the clause. Or the “general welfare” clause, which has been used to justify…well, everything.
But if Trump Derangement Syndrome has caused them to finally notice the Tenth Amendment, that’s something worthwhile.
Now, if only they’d spot this one, which not only doesn’t grant the government any power, but limits it:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.