Trump’s COVID-19 Executive Actions Are Likely Legal, But That’s a Small Relief

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Trump’s COVID-19 Executive Actions Are Likely Legal, But That’s a Small Relief
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President Trump’s latest executive actions are a political stunt that poses a serious threat to Social Security and Medicare. BarbMcQuade writes

President Trump signs executive orders on coronavirus economic relief during a news conference in Bedminster, New Jersey, on August 8. Photo: Jim Watson/AFP via Getty Images Issuing presidential executive orders is not itself problematic. It is the content of the orders that matters. And in the case of President Donald Trump, that content is often more about scoring political points than about taking care that the laws be faithfully executed.

Trump’s measures were met with some outcry that they were an unconstitutional usurpation of Congress’s powers to make laws, collect taxes, and spend money. But Congress by statute delegates a great deal of authority to the president to work out the details about how certain laws should be executed, and presidents of both parties have used executive orders to do so.

The other three measures do not appear to infringe upon Congress’s enumerated powers because they simply delay payment of taxes and repayments of loans and direct agency heads to “consider” whether “any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary to prevent further spread of COVID-19 …” To simply “consider” action does not require any actual action at all.

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