For most of President Trump’s time in office, we’ve had to worry about his aggressive use of the executive power and his penchant for pushing or exceeding the limits of his authority. Unfortunately, we now are suffering from his failure to use the authority he actually possesses to protect us from the coronavirus pandemic.

The problem of presidential inaction is not addressed very well by the Constitution. The Framers worried more about checking and balancing elected officials than about spurring them to action. Fortunately, many governors and other public officers have stepped up to fill the void. But that doesn’t help in the states or cities where elected officials have been slow to act. Nor does it solve the need for a federal government that can mobilize and coordinate a national strategy for fighting a pandemic.

Over many decades, we’ve seen an ever-increasing centralization of national power in the Oval Office, and that has left with us with too many of our public policy eggs in one basket. We need to decentralize the power of the executive branch, and one important way to do that would be to have a public health agency with the stature and independence of the Federal Reserve. Just as the Fed can act on its own to protect our economic health, so do we need a federal agency that can act on its own to protect our physical health.

Photo of David Orentlicher David Orentlicher

David Orentlicher is the Cobeaga Law Firm Professor of Law at UNLV William S. Boyd School of Law. Nationally recognized for his expertise in constitutional law and health law, Dr. O has testified before Congress, had his scholarship cited by the U.S. Supreme…

David Orentlicher is the Cobeaga Law Firm Professor of Law at UNLV William S. Boyd School of Law. Nationally recognized for his expertise in constitutional law and health law, Dr. O has testified before Congress, had his scholarship cited by the U.S. Supreme Court, and has served on many national, state, and local commissions.

A graduate of Harvard Medical School and Harvard Law School, Dr. O is author of numerous books, articles, and essays on a wide range of topics, including presidential power, affirmative action, health care reform, physician aid in dying, and reproductive decisions. Dr. O’s work has appeared in leading professional journals, as well as in the New York TimesTimeUSA TodayCNN Opinion, the Chicago Tribune, and other major newspapers.

Between 2002 and 2008, Dr. O served in the Indiana House of Representatives, where he authored legislation to promote job creation, protect children from abuse and neglect, and make health care coverage more affordable. His most recent book, Two Presidents Are Better Than One: The Case for a Bipartisan Executive, draws on his experience with partisan conflict as an elected official and his expertise in constitutional law to discuss reforms that would address the country’s high levels of political polarization.