Retirees Association

WDTN: WSU professor says Constitutional challenges await Pres. Trump executive orders

Edward Fitzgerald

Excerpt from WDTN

President Trump signed four executive orders on Saturday addressing several economic issues during the COVID-19 outbreak, including enhanced unemployment benefits – but some of his orders may run into Constitutional issues.

Dr. Edward Fitzgerald, a long-time political science and law professor at Wright State, said presidents have limited powers when it comes to executive orders, but whether or not President Trump is challenged depends on Congress and special interest groups who may file lawsuits.

Trump signed executive orders concerning the following:

  1. Enhanced unemployment benefits, that would pay $300 a week, replacing the $600 a week that was funded by the Coronavirus Aid, Relief and Economic Security Act.
  2. Eviction protections that banned late fees and eviction filings, which ran out in late July.
  3. Student loan payment deferral extensions, which would waive student loan interest until Dec. 31, extending the current deferral which ends on Sept. 30.
  4. A payroll tax cut that allows the Secretary of the Treasury to defer withholding taxes until December.

Fitzgerald said Trump’s orders present several problems including separation of powers with Congress. Trump is borrowing money from the Federal Emergency Management Agency to pay for his $300 per week enhanced unemployment benefit. That money would run out in five weeks.

“He’s talking about transferring money from a disaster relief program to pay for unemployment compensation,” Fitzgerald told WDTN.com. “The president does have re-programming power where he can move money from one account and spend it in another account. That is somewhat dependent on the statute the money was authorized under and if there are any stipulations put on that re-programming.”