The other—the “nondelegation doctrine”—says that #Congress cannot transfer unlimited legislative powers—like its taxing authority—to the #ExecutiveBranch.
Solicitor general D. John Sauer said #Trump’s use of the statute to impose #tariffs was not an unlimited delegation of #power. The #law requires declared emergencies to expire in a year & reports to Congress about the tools used in the meantime. Even so, he said Trump’s power to declare an emergency was not subject to review by courts.
#SCOTUS
The case will also force the justices to address 2 doctrines favored by the conservative legal movement, both of which appear to work against #Trump’s claims. The “major questions doctrine” says #Congress must use clear language to authorize executive actions that could transform the #economy. #SCOTUS relied on the doctrine to invalidate many of President #Biden’s key initiatives, including his student loan forgiveness program.
The other—the “nondelegation doctrine”—says that #Congress cannot transfer unlimited legislative powers—like its taxing authority—to the #ExecutiveBranch.
Solicitor general D. John Sauer said #Trump’s use of the statute to impose #tariffs was not an unlimited delegation of #power. The #law requires declared emergencies to expire in a year & reports to Congress about the tools used in the meantime. Even so, he said Trump’s power to declare an emergency was not subject to review by courts.
#SCOTUS