“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
I joined this scholars’ amicus curiae brief in the tariff litigation, organized by Professor Sam Estreicher (NYU) and filed on Friday: Brief of Professors of Administrative Law, Separation of Powers, Foreign Relations Law, Legislation and the Regulatory State, and...
The Constitution draws a line between the powers of each branch of the federal government. Just like “legislating from the bench,” when Congress hands its lawmaking power to the executive, it’s not just bad policy – it’s unconstitutional. It breaks the...
