Federal and State Power in Business Restriction During COVID-19
Overview
This paper examines the constitutional authority of federal versus state governments to impose business restrictions during the COVID-19 pandemic. It argues that while both federal and state governments possess emergency powers, federal authority derived from the Commerce Clause and constitutional supremacy allows the federal government to override state business restrictions, provided such actions align with congressional expectations and do not violate constitutional limits.
What this essay covers
- Introduction and context of COVID-19 business restrictions
- Federal powers under the Commerce Clause and constitutional framework
- Presidential emergency authority and judicial oversight as established in Youngstown v. Sawyer
- State police powers and constitutional limitations
- Federalism principles and constitutional supremacy of federal law
- Due process and just compensation as limiting factors on government action
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Federal and State Power in Business Restriction
The outbreak of COVID-19 has proved to be a greater danger than was previously thought. Due to the increasing cases being reported, the federal government, state, and cities across the United States have passed restrictive measures that hinder business operations. This is aimed at hindering the spread of the virus. The federal government is one of the enumerated powers, and its powers are limited to what the United States constitution outlines. The powers to dictate emergency measures are based on the statutory authority, that is under the commerce clause. This offers the congress ability to regulate both business activities between states and foreign nations. Moreover, in this clause, the federal government is given power to tax and spend for common defense and public welfare. The purpose of this paper is to establish whether the federal government has authority to make laws or issue executive orders to stop states from restricting businesses due to COVID-19 outbreak (Shah, Tysse, and Chen).
Although the powers are granted to congress, the President can still make orders in order to respond to emergency situations. In Youngstown Sheet & Tube Co. v. Sawyer, it was ruled that extent of the President during emergency situations depend on his or her actions are aligned with the expectations of the congress. Additionally, any order from the President can only be curtailed by federal courts when it is deemed to be disagreeing with the explicit and implicit congressional directives.