As the coronavirus (COVID-19) continues to make its way across the United States, governments at both the federal and state levels are invoking statutes rarely seen in public discourse.
The most recent? A little discussed act called the Defense Production Act of 1950 (the "DPA"), pursuant to which the President is given broad authority to force civilian contractors to provide materials to the federal government.
But as President Trump invokes the DPA to force General Motors (GM) to enter into a contract for the production of ventilators, the question becomes: "Does he have the authority to do that?".
And what does it mean to "promote the national defense", anyway?
Emergencies make strange bedfellows...in Virtual Legality.
#Coronavirus #Covid19 #DPA
Discussed in this episode:
"Trump invokes Defense Production Act to expand production of hospital masks and more"
CNN - March 18, 2020 - Maegan Vazquez
"Hey Hoeg, in light of Trump invoking the DPA for GM to produce ventilators..."
Tweet - March 28, 2020 - Joseph La Russa (@Joseph_La_Russa)
"Trump uses Defense Production Act to require GM to make ventilators"
The Hill - March 27, 2020 - Brett Samuels
"Statement from the President Regarding the Defense Production Act"
March 27, 2020
50 USC Chapter 55
"PRIORITIES AND ALLOCATIONS"
50 USC Subchapter I
"Priority in contracts and orders"
50 USC 4511
"EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY"
50 USC Subchapter II
50 USC Subchapter III
50 USC 4552
42 USC 5195a
"The Defense Production Act of 1950: History, Authorities, and Considerations for Congress"
Congressional Research Service Report - Updated March 2, 2020
Article 1, Section 8
"General welfare clause"
Article 2, Section 1 and Section 2
"Youngstown Sheet & Tube Co. v. Sawyer"
343 US 579 (1952); Jackson Concurrence
"The Alarming Scope of the President’s Emergency Powers"
The Atlantic - January 2019 - Elizabeth Goitein
"List of national emergencies in the United States"
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
PODCAST VERSIONS ALSO AVAILABLE
The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.