national emergencies
Gorsuch is (Partly) Right
Justice Gorsuch is wrong about the cure, but delegation has gotten out of hand.
Justice Gorsuch has made it a personal crusade to revive the nondelegation doctrine, in part because of concerns about the rising tide of presidential power. The nondelegation doctrine tries to limit the ability of Congress to delegate authority to the executive branch. That’s an unworkable solution, but Gorsuch is right that Congress has put far too much trust in the good faith and sound judgment of the President and his subordinates. That’s especially true of national security and emergency powers.
CONTINUE READINGPresidential Power in a Pandemic
The President does have considerable power, but there are serious limitations.
Now that Trump has belatedly declared a national emergency, what powers does he have to respond to the coronavirus pandemic? There has been a lot of talk about this on the Internet, some of it off-base. it’s important to get the law straight. For instance, there’s been talk about whether Trump should impose a national …
Continue reading “Presidential Power in a Pandemic”
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