The justices used the doctrine, a judicially created method of reading statutes, to thwart several major Biden programs.
The major questions doctrine requires Congress to use plain and direct language to authorize sweeping economic actions by the executive branch.Credit…Tierney L. Cross/The New York Times
The Supreme Court used the “major questions doctrine” to reject much of the Biden administration’s agenda, including its efforts to address climate change, the Covid-19 pandemic and student debt. The court’s commitment to the doctrine will be tested next week when it hears arguments about President Trump’s tariffs program.
The doctrine requires Congress to use plain and direct language to authorize sweeping economic actions by the executive branch. The 1977 law that Mr. Trump is relying on, the International Emergency Economic Powers Act, might seem to fail that test, as it does not feature the word “tariffs” or similar terms like “duties,” “customs,” “taxes” or “imposts.”
Nor is there any question that the tariffs will have vast economic consequences, measured in the trillions of dollars. The sums involved are far larger than the roughly $500 billion at issue in President Joseph R. Biden Jr.’s student loan forgiveness program, which Chief Justice John G. Roberts Jr., writing for the majority, called “staggering by any measure.”
t seems poised to rule in President Trump’s favor on whether he can fire government officials for no reason, a leading originalist scholar has issued a provocative dissent.
Yes the Supreme Court just exists to legitimize Trump’s power now.
Calling Major Questions a legal doctrine is like calling the Paper Bag test a medical examination
All emergency powers given to the president should expire within 14 calendar days unless it is confirmed by a supermajority in both the house and Senate.
Those emergency powers should then need to be renewed by congress in the same supermajority manner no later than 90 days after the previous expiration date and no earlier than 60 days after the previous expiration date.
Failing to renew an emergency strips the president of any emergency powers.
This would reverse the current system which requires a vote by congress to overrule the presidents emergency. It is not onerous to assemble congress if there are an actual emergency.
…yes…
Federal Tarriffs should require both the president and Congress to approve.
A 80% approval by Congress should be required. None of this majority b.s.
Actually. All congressional approvals should be changed to 80%. 70 at minimum.
That way no single party can control Congress anymore.
Force them to work together.
If a Single party controls 80%, well then that’s the will of the people.
It’s still not a bad idea.
