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There are two ways. Congress actually delegated this power to raise tariffs to the president in an emergency. Congress could take it back. Of course Trump could veto any such legislation. But a vote of 2/3s of each house of Congress could override that veto.
Some Republicans are starting to squeal, so maybe that's not all that unreasonable a possibility.
Another possibility is that the courts step in. Congress isn't really supposed to delegate its powers. During the FDR administration, the supremes ruled a lot of New Deal laws unconstitutional based on that. Then FDR proposed his court-packing scheme, which was shouted down.
But the justices lost their nerves, and stopped ruling New Deal legislation unconstitutional, including legislation delegating powers to his alphabet agencies.
Since then, the Court hasn't gone back to ruling on legislation on the implied non-delegation part of the Constitution.
Maybe it's time for them to resume this, but I'm not holding my breath.
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Discussion (246)
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The Supremes have been ruling against Congressional delegation of powers to the executive a LOT in the last few years [overturning Chevron deference, West Virginia vs EPA, etc]. And there are a couple more open cases that should be decided by the end of this term.
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Relevant: NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China.
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What check is in place to keep Trump from using the possibility of favorable tariff rates to extort personal benefit for himself and family?
Impeachment? I doubt it.
Justice department? Laughable.
SCOTUS has already sent him the message that he is untouchable as President. Whether that was the intended message, it was the received message.
I wholly concede my “NeverTrump” bias, but that doesn’t answer above question of what check is available to the thoroughly corrupt tool of ultimate tariff authority?
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That's a marginal argument.
Chevron Deference, originally argued by the Reagan Justice Department, and adopted by the courts was to stop environmentalists from forcing the EPA, through the courts, to enforce laws that were mandated by Congress. The idea was that if a conservative administration came into power, they could choose not to enforce a statute based on their interpretation of that law with the the courts deferring to the executive. Because Republicans play checkers and Democrats play chess, the Democrats used Chevron Deference to interpret statute liberally and accrue more executive power when they had the presidency. Ending Chevron Deference only means that the courts now take a more active role in interpreting statute that delegates powers to the executive, it doesn't end actual delegation.
Court rulings on the EPA have also been based on what powers were delegated by statute, not on the constitutionality of the statute itself regarding non-delegation.
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