Advisory Opinions You’re Fired
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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.
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Emergency Powers Delegation
- Congress cannot fully abdicate its constitutional powers to the President.
- Declaring emergencies grants the President immense, king-like powers.
Major Questions Doctrine
- The major questions doctrine has multiple interpretations, including textual analysis and a 'thumb on the scale' approach.
- These different interpretations can lead to different outcomes in cases involving executive power.
Shifting to Toyota
- David French recounts his family's experience with unreliable American cars and the subsequent switch to a reliable Toyota.
- This anecdote illustrates the quality issues with American manufacturing before international competition.