Federal Authority Essay--500 words Law Essay Paper

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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 (Shah, Tysse, and Chen).
Notably, 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 the power to tax and spend for the common defense and public welfare. The purpose of this paper is to establish whether the federal government has the authority to make laws or issue executive orders to stop states from restricting businesses due to the 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 emergencies. In Youngstown Sheet & Tube Co. v. Sawyer, it was ruled that extent of the President during emergencies depends on his or her actions and is aligned with the expectations of 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. The courts can also overturn the presidential orders when they are deemed to exceed the recognized a...