Authority to lead

One does not have to be a constitutional or other lawyer to determine who has authority to make decisions during this national emergency caused by the COVID-19 pandemic. A layman's reading of the Constitution makes it clear that this type of national emergency was not specifically covered. However, with a generous portion of common sense and ability to put partisanship aside, it is not too difficult to determine who has both the authority and responsibility to make decisions during such a national emergency.

The Congress is divided by partisanship and thus unable to act. The judiciary does not have any of the authorities or resources to make or execute such decisions. The governors of the various states are not organized to and do not have the resources to either make or execute decisions to deal with a national emergency.

Amendment X to the Constitution which states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectfully, or to the people." is not actionable or designed to deal with making decisions about a national emergency. It is only the president of the United States who has taken an oath to " ... protect and defend the Constitution of the United States."; is the "commander in chief" of the armed forces of the United States, including the militia; and has numerous executive powers to make the type of decisions needed to deal with this national emergency.

This temporary power certainly does not make the president a king or dictator of any kind. Nevertheless, it is certainly prudent for the president to consult with and work with the governors, Congress and others to the maximum extent possible in making decisions about dealing with this national emergency.

Roland G. Ley

Arlington Heights