The 10th Amendment gives the State the power to do as they wish but…
So long as they don’t request or accept Federal cash and-or resources with strings attached.
Both the POTUS and Congress can insist such states to conform to executive/congressional will.
For example, President Dwight Eisenhower signed into law the Federal Aid Highway Act of 1956 (also short titled the National Interstate and Defense Highways Act).
At the time, it was the largest amount of money given towards “infrastructure”, a word often cited by President Trump during this health crisis.
This act explicitly authorized appropriations for continuing the construction of highways;
to amend the Internal Revenue Code of 1954 to provide additional revenue from taxes on motor fuel, tire, and trucks and buses; and for the other purposes.
The term “ defense ” was included to also divert costs from defense funds. In addition, it provided access to the US militia to defend itself during conventional or nuclear war.
Back them, each state you wanted funds also had to kick in 10% of their own cash.
Perhaps when the POTUS (and Congress) talk about coordinating a unified approach to re-opening the economy it will be one through something like a new highway act?
The interstate highways were created for national defense purposes. Eisenhower saw how useful the German highways were for moving war material. He wanted the same in the USA when he was president.
Interstates have to comply with certain design elements to be called an interstate. (It’s why there is an interstate highway in Hawaii, for example.) There have to be certain numbers of consecutive miles to land a military plane on. There have to be certain ramp designs within so-many miles so that cumbersome military vehicles can exit and enter. Stuff like that.
Government is just generous enough to let us use the highways when the military doesn’t need it.
The sad thing is that the Republican Senate is going to forget how much they loved the Patriot Act under Bush, later hated it under Obama, and are loving it again now.
Democrats too, but congress is going to forget that the powers they give this administration will be used by the other party when they win the presidency.
Their are already Democratic horses out of the barn.
Check out nga.org press release dated April 11, 2020.
National Governors Association Chair Maryland Governor Larry Hogan and NGS Vice Chair New York Governor Andrew Cuomo issued the following statement:
"Governors across the county are leading the on-the-ground response to the national COVID-19 pandemic, implementing a variety of stay-at-home orders and other aggressive measures that are successfully flattening the curve of the spread of the virus. While these public health strategies are working to protect the American people, they result in catastrophic damage to state economies.
We must be allowed to use any state stabilization funds for replacement of lost revenue, and these funds should not be tied to only COVID-19 related expenses. Congress must amend the CARES Act to allow this flexibility for existing federal funding.
Moreover, Congress must appropriate an additional $500 million specifically for all states and territories to meet the states’ budgetary shortfalls that have resulted from this unprecedented public health crisis. This critical stabilization funding for states must be separate from much-needed fiscal stabilization for local governments".
You really think the House controlled by whoever are going to ignore their own governors pleas?
You know -your point is good but you used the wrong example. Highways were more about just the fed wanting to get its way and offering funds to do it.
A better case study would be Drinking age. When the Feds wanted every state to raise the age to 21, they adapted a policy that basically withheld highways funds until each state adapted a 21 drinking age. (And which is why DC was the last place to have 18 drinking age, Because they were not a state and had home rule so their clout was limited).
The difference is, of course, between this and that is “That” was what the Federal government wanted. So the FED used all its power.
“This” (Reopening of the country) is what TRUMP wants. He has less power. But yes -If Trump was able to convince a majority in the house and the senate that the states needed to re-open, there are lots of ways they could make that happen.
If its just Trump - its a lot harder.
Thanks WCD9973, raising the drinking age is an excellent illustration.
Another fine example was the maximum speed limit reduced to 55 miles per hour.
In 1974, the federal government passed the National Maximum Speed Law. The law was a response to the 1973 oil embargo, and its intent was to reduce fuel consumption.
The act also prohibited the Dept of Transportation from approving or funding any projects within states that did not comply with the new speed limit.
On way or another, the Federal government will come up with something for the states to work together for the common good.
Governor Cuomo today admitted his dependency of Federal government by explicitly mentioning his State does not have two nickels to rub together right now.
