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Breaking Constitutional Boundaries with Elijah Emery

Apr 24, 2025
In this conversation, legal expert Elijah Emery sheds light on the troubling expansion of executive power in the U.S. He argues that recent administrations have increasingly governed through executive orders, bypassing Congress's legislative authority. Emery discusses the misuse of emergency powers for tariffs, defiance of court rulings, and even deportations without due process, all suggesting a breakdown of constitutional governance. With civil society beginning to organize legal resistance, the dialogue emphasizes the urgent need for accountability and the preservation of democratic checks.
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INSIGHT

Executive Power Expansion

  • Executive power in the U.S. has been expanding since World War II and accelerated significantly during recent administrations.
  • The current administration governs mostly by executive order, sidelining Congress and challenging constitutional norms.
INSIGHT

Tariff Legal Challenges

  • Trump's tariffs rely on emergency powers without true emergencies, violating constitutional tax and spending powers.
  • Legal challenges cite major questions and non-delegation doctrines to contest the administration's tariff authority.
ADVICE

Use Congressional Emergency Review

  • Citizens and lawmakers should utilize the expedited process under the National Emergencies Act to challenge unjust emergency declarations.
  • Advocating for congressional votes to terminate unlawful emergencies can rein in executive overreach.
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