The executive power being exercised in the scenario is the power of providing for the common defense and general welfare, as expressed in the Preamble to the Constitution. The administration implemented travel bans and declared a "major disaster" to prevent the spread of the virus, assist states with funding and supplies, and coordinate the return of stranded Americans. These actions aimed to protect the health and well-being of the American people, which aligns with the government's purpose of promoting the general welfare.
This exercise of executive power reflects a specific weakness of government that existed under the Articles of Confederation. Under the Articles, the central government did not have the authority to regulate or coordinate a national response to emergencies or crises. This lack of centralized power and coordination made it difficult for the government to effectively address and mitigate the effects of a national crisis. The Articles of Confederation primarily gave power to the individual states, which led to fragmentation and limited capacity to respond to collective challenges like the Covid-19 pandemic.
Congress can use its legislative power to influence the situation by passing laws and allocating resources to address the crisis. For example, Congress can pass legislation to provide funding for medical supplies, testing, research, and treatment. They can also enact laws to establish guidelines for travel, quarantine measures, and public health protocols. Additionally, Congress can hold hearings and investigations to gather information, assess the administration's response, and propose additional measures to address any shortcomings. Through legislation, Congress has the power to shape and support the government's response to the pandemic, ensuring the necessary resources and measures are in place to protect the public health and welfare.
In early 2020, the emergence of a new virus led the administration of President Donald Trump to announce a series of travel bans from countries where the virus was rapidly spreading. By late March, the U.S. borders and airports were closed to all non-essential travel. As the United States and many other nations instituted travel bans grounding airlines and closing borders, thousands of American travelers and workers were stranded elsewhere. Restricting travel was one part of the administration’s response plan to prevent spread of the virus and mitigate the effects. Another part was issuing guidelines for preventing the spread, including social distancing. The president declared a “major disaster” in many states, enabling the federal government to coordinate and assist the states with funding, supplies, and people to assist with the emergency situation. By mid-May 2020, the U.S. State Department (a department in the executive branch) had facilitated the return of over 85,000 Americans from 131 foreign countries and territories. Another executive department arranged for General Motors to produce 30,000 ventilators, important medical equipment for treating the most ill patients. Medical staff in the U.S. military were deployed to New York City and later to other places where hospitals had a great need for help. This is a sampling of executive branch actions during the early months of the Covid-19 pandemic, not an exhaustive list.
Referring to the scenario in your response, identify the executive power being exercised as it relates to the purposes of government expressed in the Preamble to the Constitution.
Describe how the power identified in part A reflects a specific weakness of government that existed under the Articles of Confederation.
Referring to the scenario in your response, explain how Congress could use a legislative power to influence the situation.
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