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The Lower Courts Punch Up

Strict Scrutiny

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Presidential Authority and Judicial Precedent

This chapter explores the evolving authority of the president over multi-member commissions in light of recent D.C. Circuit decisions, particularly regarding the FTC and the Humphreys Executor ruling. It discusses the implications of a significant foreign aid case and criticizes the government's legal strategies that may affect judicial interpretations. Additionally, the chapter examines the invalidation of Trump's tariffs, highlighting conflicts in presidential authority and economic measures taken under national security pretenses.

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