The Law Pandemics and Presidential Power: A Taxonomy

Presidential power in a pandemic, as in other domestic crises, is largely a function of congressional delegation. A variety of statutes grant the president broad authority in times of emergency, including power over industrial production and quarantine power during outbreaks of communicable disease. Wide administrative discretion is spread across the U.S. Code more generally and may be implemented via executive order, regulations, or guidance documents. But while these powers may appear broad, they are hardly “total,” as President Donald Trump has asserted, and the president’s ability (or willingness) to use them is bounded by federalism, the potential constraints of legislative pushback, and political considerations.