The messaging and control issues of Covid was a shock to many Americans. The biggest question NHFC/NHFA was asked during the past years was “Can they really do this to us?”

The amorphous word “they” suddenly became very real to all Americans. Yes, Governor’s in many states had Emergency Powers that were given to them by elected state legislatures.  They could arguably make executive orders regarding health emergencies, including mandates for social distancing, business closures, masking, and vaccinations. The shock was real and immediate challenges began to fly into the court systems challenging the constitutionality of the power of Governors and the government to do any of these things.

Governors were not alone. They functioned with recommendations and directives from the President of the United States, and its agencies. Presidents could declare emergencies. The executive branch of government and its agencies could make policies and recommendations of national standards to follow, including giving out federal grants to states and local governments with strings attached requiring following their national standards before receiving money. They could even attempt to impose global standards. The FDA was able to provide medical treatments including vaccines that were only experimental and not fully licensed.

In addition to state and federal authorities, local communities were realizing the power of their local leaders. Some School Boards found that they had authority to dictate health emergency protocols for students, such as masking and social distancing, given to them in some charters and ordinances. County Commissioners found that may have had power to impact the emergency. And City and Municipalities jumped in as well.  Many states began introducing bills to curb these state and local powers.