Government,
Constitutional Law
Aug. 19, 2020
Trump’s COVID-19 actions and the limits of executive power
On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial effects of COVID-19. These actions may be challenged as exceeding his authority or simply ignored as political window dressing with little practical effect.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Article II of the U.S. Constitution states, among other things, that "the executive Power shall be vested in the President" and that "he shall take Care that the Laws be faithfully executed." Because no specific constitutional provision authorizes the president to issue executive orders or memoranda, the authority rests on the president's inherent authority to set policy and to provide uniform standards for the executive branch. Executive directives have been used ext...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In