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Advisory Opinions
You’re Fired
Feb 4, 2025
Joined by Erin Hawley, a senior counsel at the Alliance Defending Freedom with a rich background in appellate law and the DOJ, the conversation dives into the control of executive agencies. Topics include the constitutional implications of tariffs, the complexities of presidential power during emergencies, and the often turbulent relationship between Congress and executive authority. Hawley also shares insights on the accountability of independent agencies and the pathway to Supreme Court cases, adding a dash of humor along the way.
01:21:19
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Quick takeaways
- The delegation of tariff authority to the President raises constitutional questions about the transfer of Congress's core powers.
- The 2013 D.C. Circuit ruling emphasizes that the President lacks unilateral authority to withhold appropriated funds from Congress.
Deep dives
The Significance of Tariffs
The Constitution assigns tariff power to Congress, as outlined in Article 1, Section 8, yet recent practices have blurred this line. Delegation of tariff authority to the President raises constitutional questions about whether Congress can transfer its core powers. The International Emergency Economic Powers Act allows the President wide discretion in times of national emergency, leading to debates about what constitutes such a state. As historical context reveals, this delegation might undermine the very checks and balances intended to limit executive power.
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Discover
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Listen to the best highlights from the podcasts you love and dive into the full episode