Fact Check: Does Trump have the authority to overstep attorney, general and government?
What We Know
The claim regarding President Trump's authority to overstep state officials, including attorneys general and governors, stems from various legal actions taken against him during his presidency. Notably, California Attorney General Rob Bonta and Governor Gavin Newsom filed a lawsuit against Trump for his order to federalize the California National Guard under 10 U.S.C. § 12406. They argue that this action exceeds federal authority and violates the Tenth Amendment, which reserves powers not delegated to the federal government for the states (source-1, source-2).
In a separate case, New York Attorney General Letitia James, along with a coalition of 18 other attorneys general, sued Trump over an executive order that purportedly sought to exert federal control over state election processes. They argued that this order was unconstitutional and represented a significant overreach of presidential power (source-3).
Analysis
The lawsuits from both California and New York highlight a critical legal debate about the limits of presidential authority. The California lawsuit emphasizes that the federalization of the National Guard requires the consent of the state governor, which was not obtained in this instance. This situation is unprecedented, as it marks the first time since 1965 that a president has activated a state's National Guard without a request from the governor (source-2).
Similarly, the New York lawsuit contends that Trump's executive order on elections undermines state sovereignty and the separation of powers, as the Constitution grants states the authority to administer their own elections (source-3). The attorneys general argue that Trump's actions could disenfranchise voters and impose undue burdens on state election officials, which they assert is illegal.
The reliability of these sources is bolstered by the fact that they come from state attorneys general, whose roles are to uphold the law and protect the rights of their constituents. However, the political context surrounding these lawsuits cannot be ignored, as they are part of broader partisan disputes over Trump's presidency and governance style.
Conclusion
The claim that Trump has the authority to overstep state officials is Partially True. While the president does possess significant powers, especially in matters of national security and federal law enforcement, the legal challenges presented by state officials illustrate that there are constitutional limits to this authority. The lawsuits filed by Attorney General Bonta and Governor Newsom, as well as Attorney General James, argue that Trump's actions in both cases represent overreach and violate established legal frameworks. Thus, while there are instances where Trump may act unilaterally, these actions can be contested in court, indicating that his authority is not absolute.
