Skip to content
Search

Latest Stories

Top Stories

Trump versus the states: What federalism means for the coronavirus response

Opinion

President Donald Trump

"Trump's statements are haphazard at best and unconstitutional at worst," writes constitutional scholar Jennifer Selin.

WinMcNamee/Getty Images
Selin is an assistant professor of political science at the University of Missouri, Columbia.

President Trump recently attempted to explain the complex relationship between the federal government and the states, as outlined by the framers in 1787: "You can call it 'federalist,' you can call it 'the Constitution,' but I call it 'the Constitution.'"

That statement to reporters April 10, and several others of his recently, highlights one of the key issues that has affected America's response to the coronavirus pandemic: federalism.

In its most basic terms, "federalism" is the Constitution's way of distributing decision-making authority. It grants the national government the power to conduct certain activities and reserves the rest of governmental decisions to the states. But who does what is not always clear-cut.

Throughout the coronavirus crisis, the president has made contradictory statements about who is responsible for key aspects of the nation's response to the pandemic.

For example, while Trump asserted he has the authority to order the states to reopen the economy, he also insisted that it is the governors' responsibility to manage coronavirus testing. From my perspective as a constitutional scholar, Trump's statements are haphazard at best and unconstitutional at worst.

But what is the president's role when it comes to guiding the nation through the coronavirus pandemic? How much power do governors have? Who is in charge?

One of the most difficult tasks facing those who drafted the Constitution was the proper distribution of power. Experience living under British rule taught them that power centralized in a single executive could lead to oppression. As a result, many were reluctant to grant too much power to a president.

This was reflected in the Articles of Confederation, adopted after the Declaration of Independence but before the Constitution. They gave a lot of power to the states and almost no power to the national government. Yet governance under the articles illustrated that individual states can fail to work together to overcome big problems, like national security.

What became clear to the Founders was that a central authority is often necessary to coordinate the responses of individual states to the big economic and security issues that face the nation.

Their solution was to grant the national government authority to regulate citizens but not to regulate the states themselves. Put in the most basic terms, Congress and the president lack the constitutional power to tell states what to do.

The Constitution gives the federal government the ability to address national issues like defense, foreign policy and monetary policy. The states retain the power to address the well-being of their citizens. This includes setting health and education policy and even regulating elections.

This constitutional balance between state and federal power is still in flux. Enormous changes in our federal system mean the national government now takes on challenges the framers could not have imagined. For example, the national government protects human health by regulating the environment and helps our ability to communicate by providing uniform standards for internet technologies.

As a result, the president has more expansive power than anticipated. Yet, a large part of the president's executive and administrative tasks involve managing the relationship between the national government and the states.

The president cannot constitutionally issue directives requiring states to address certain problems or commanding governors to administer specific programs. But their administrations can encourage states to adopt certain policies, such as uniform education standards.

Sometimes this occurs by providing federal funding to states, conditioned on their adopting certain policies. The Obama administration, for example, routinely used federal funding to encourage states to adopt his preferred health care policies.

Federalism is often viewed as a conflict between the national government and the states. Yet there are many areas in which coordinated action between all levels of government occurs on a regular basis.

Health care is a prime example. While states have the constitutional power to regulate health and welfare, there is a long history of national government involvement in health policy.

Historical crises such as the Depression and the two world wars highlighted the fact that not every state has the means to address all the medical needs of its citizens. Every president since Franklin D. Roosevelt has used the national government to expand or improve health care in the states.

The framers recognized the importance of national government in times of crisis. Both James Madison and Alexander Hamilton acknowledged the need for unified, national leadership when the country faced threatening circumstances. Madison said in the Federalist Papers, "The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security."

The coronavirus is such an emergency. So what does all of this constitutional history mean for the nation's response to Covid-19?

First, consistent with constitutional principles, Washington's response so far has largely been directed at providing help to individuals and private entities. The provisions of the back-to-back recovery measures of March and April that do relate to state and local government simply offer opportunities for federal funding.

Second, the Trump administration retains the authority to administer funds. The president has used this authority to do things like direct military aid to states and relax rules that regulate government approval for coronavirus testing. He also has announced guidelines for states to use when reopening state economies.

However, consistent with the Constitution, governors have discretion whether to implement these guidelines.

This means it is still up to individual states to craft policies that protect their citizens' health and welfare during this crisis. Some are working closely with the White House, and others are coordinating their response efforts with neighboring states.

So if the country's response to the coronavirus crisis will likely remain piecemeal and state-specific, perhaps this is what the framers intended.

This article is republished from The Conversation under a Creative Commons license. Click here to read the original article.

The Conversation

Read More

“It’s Probably as Bad as It Can Get”:
A Conversation with Lilliana Mason

Liliana Mason

“It’s Probably as Bad as It Can Get”: A Conversation with Lilliana Mason

In the aftermath of the killing of conservative activist Charlie Kirk, the threat of political violence has become a topic of urgent concern in the United States. While public support for political violence remains low—according to Sean Westwood of the Polarization Research Lab, fewer than 2 percent of Americans believe that political murder is acceptable—even isolated incidence of political violence can have a corrosive effect.

According to political scientist Lilliana Mason, political violence amounts to a rejection of democracy. “If a person has used violence to achieve a political goal, then they’ve given up on the democratic process,” says Mason, “Instead, they’re trying to use force to affect government.”

Keep ReadingShow less
Combatting the Trump Administration’s Militarized Logic

Members of the National Guard patrol near the U.S. Capitol on October 1, 2025 in Washington, DC.

(Photo by Al Drago/Getty Images)

Combatting the Trump Administration’s Militarized Logic

Approaching a year of the new Trump administration, Americans are getting used to domestic militarized logic. A popular sense of powerlessness permeates our communities. We bear witness to the attacks against innocent civilians by ICE, the assassination of Charlie Kirk, and we naturally wonder—is this the new American discourse? Violent action? The election of Zohran Mamdani as mayor of New York offers hope that there may be another way.

Zohran Mamdani, a Muslim democratic socialist, was elected as mayor of New York City on the fourth of November. Mamdani’s platform includes a reimagining of the police force in New York City. Mamdani proposes a Department of Community Safety. In a CBS interview, Mamdani said, “Our vision for a Department of Community Safety, the DCS, is that we would have teams of dedicated mental health outreach workers that we deploy…to respond to those incidents and get those New Yorkers out of the subway system and to the services that they actually need.” Doing so frees up NYPD officers to respond to actual threats and crime, without a responsibility to the mental health of civilians.

Keep ReadingShow less
How Four Top Officials Can Win Back Public Trust


Image generated by IVN staff.

How Four Top Officials Can Win Back Public Trust

Mandate for Change: The Public Calls for a Course Correction

The honeymoon is over. A new national survey from the Independent Center reveals that a plurality of American adults and registered voters believe key cabinet officials should be replaced—a striking rebuke of the administration’s current direction. Homeland Security Secretary Kristi Noem, Secretary of War Pete Hegseth, Attorney General Pam Bondi, and Health and Human Services Secretary Robert F. Kennedy Jr. are all underwater with the public, especially among independents.

But the message isn’t just about frustration—it’s about opportunity. Voters are signaling that these leaders can still win back public trust by realigning their policies with the issues Americans care about most. The data offers a clear roadmap for course correction.

Health and Human Services: RFK Jr. Is Losing the Middle

Secretary Robert F. Kennedy Jr. is emerging as a political liability—not just to the administration, but to the broader independent movement he once claimed to represent. While his favorability ratings are roughly even, the plurality of adults and registered voters now say he should be replaced. This sentiment is especially strong among independents, who once viewed Kennedy as a fresh alternative but now see him as out of step with their values.

Keep ReadingShow less
Marjorie Taylor Greene’s Break With Trump Over Epstein Files Is a Test of GOP Conscience

Epstein abuse survivor Haley Robson (C) reacts alongside Rep. Marjorie Taylor Greene (R-GA) (R) as the family of Virginia Giuffre speaks during a news conference with lawmakers on the Epstein Files Transparency Act outside the U.S. Capitol on November 18, 2025 in Washington, DC.

(Photo by Heather Diehl/Getty Images)

Marjorie Taylor Greene’s Break With Trump Over Epstein Files Is a Test of GOP Conscience

Today, the House of Representatives is voting on the Epstein Files Transparency Act, a bill that would compel the Justice Department to release unclassified records related to Jeffrey Epstein’s crimes. For months, the measure languished in procedural limbo. Now, thanks to a discharge petition signed by Democrats and a handful of Republicans, the vote is finally happening.

But the real story is not simply about transparency. It is about political courage—and the cost of breaking ranks with Donald Trump.

Keep ReadingShow less