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Learning Resources and the limits of the foreign affairs paradigm
The conventional story about presidential power in trade law runs something like this: Congress enacts broad statutory language, courts treat foreign affairs as the president’s…
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Fair notice and the nondelegation doctrine: A due process lens
Debates over the nondelegation doctrine usually begin with constitutional structure. Article I vests “[a]ll legislative Powers” in Congress, so when Congress gives agencies sweeping discretion…
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The major questions doctrine at a crossroads
In Learning Resources v. Trump, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump’s tariffs. This…