Lawmakers push back against Trump by introducing resolution saying president’s authority ‘is not total’

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Bret Baier: The hypocrisy over Trump's authority

Bret Baier weighs in on the battle brewing between Trump and state Governors over the president's power when reopening of the country

A group of House members authored a new one-sentence resolution to remind President Trump of the limits on his power and challenged anyone in the House to vote against it.

Reps. Tom Malinowski, D-N.J., Dean Phillips, D-Minn., and Justin Amash, I-Mich., sponsored the resolution that "affirms when someone is the president of the United States, their authority is not total."

Malinowski tweeted that since House business can only pass unanimously until all members return to Washington, "I'm curious if anyone will object."

Amash, a former Republican who is "closely" looking at a third-party run for office, said even the national emergency of the coronavirus pandemic doesn't give Trump "magical" powers.

The House effort comes after Trump declared Monday in a White House briefing that he alone has the power to reopen schools, businesses and the economy because the president has full power.

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“When somebody’s president of the United States, the authority is total, and that’s the way it’s got to to be. It's total. It’s total, and the governors know that," Trump said.

Trump's declaration was met by wide rebuke especially since it was governors who issued stay-at-home orders and states enjoy powers through the 10th Amendment of the Constitution. Not to mention that the federal government's authority is divided among the executive, legislative and judicial branches.

Even Rep. Liz Cheney, R-Wyo., tweeted out disapproval for Trump's assertion of "total" power.

Governors, meanwhile, are working together to develop their own regional plans to reopen their states from weekslong closures of restaurants, schools and businesses -- arguing they have the authority to make the call.

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New York Gov. Andrew Cuomo told CNN on Tuesday that if Trump ordered states to reopen before he is ready to do so, he would defy the order and fight the administration in court.

“We don’t have a king in this country,” Cuomo said. “We didn’t want a king, so we have a Constitution and we elect a president.”

Fox News' Ronn Blitzer contributed to this report.