Stay Tuned with Preet Tariffs and Presidential Power
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Nov 11, 2025 The discussion dives into the Supreme Court's potential expansion of presidential powers regarding tariffs and the implications of the International Emergency Economic Powers Act. The hosts analyze the legal arguments surrounding presidential authority, examining the law's lack of explicit tariff provisions and the challenges to its broad interpretation. They also explore the administration's claims of emergency powers, questioning whether courts can challenge such determinations. It’s a fascinating look at the balance of power in U.S. governance.
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Delegation Versus Textual Limits
- The IEPA case is less about tariffs and more about how much power Congress can delegate to the president.
- The statute used does not explicitly mention tariffs, so the challenge focuses on textual limits of delegated authority.
Use Textual Gaps In Legal Challenges
- When challenging executive action, focus on statutory text and congressional practice showing where authority is explicitly granted.
- Point out specific omissions like the absence of the word "tariff" to strengthen a textualist argument.
Major Questions Doctrine At Play
- The major questions doctrine is central: the Court may require explicit congressional authorization for big policy moves.
- If applied consistently, it could constrain presidential use of emergency powers regardless of party.