Can Congress legislate itself out of enumerated powers? Should SCOTUS allow it? How would a fractured Congress regain delegated power against a veto?

Question

The key question for the justices on Wednesday was whether the president exceeded his authority when he used the 1977 emergency statute.  Past presidents have relied on the law to impose sanctions or embargoes on other countries, but Mr. Trump is the first to use it to impose tariffs. The conservative majority speakers suggested the administration’s position could represent an unconstitutional delegation of legislative power to the executive branch that would be difficult for Congress to reclaim.  Justice Gorsuch warned of “a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives” in Congress. The justices grappled with a doctrine favored by the conservative legal movement. The Supreme Court’s conservative majority repeatedly relied on the “major questions doctrine” to invalidate many of President Joseph R. Biden Jr.’s key initiatives, including his student loan forgiveness program.  The doctrine says presidential initiatives with “vast economic or political significance” must be clearly authorized by Congress. The Trump administration has proposed or issued tariffs that cover roughly a third of U. S. imports under a nonemergency provision related to national security. If the justices were to rule against Mr. Trump, the administration says it would be forced to unwind trade deals with other countries.  The government might also have to pay billions in refunds to importers. The result could lead to economic ruin akin to the Great Depression. "It’s simply implausible” that Congress had “handed the president the power to overhaul the entire tariff system and the American economy in the process, allowing him to set and reset tariffs on any and every product from any and every country, at any and all times.”

exitseven · Answer

What is not mentioned is that many past presidents have imposed tariffs. Trump did it in his first term and it saved the steel industry. Now all of a sudden tariffs are bad. The democrats are trying it stop it because they know it will be just one more success. Without tariffs, all the facilities that foreign companies are building in the US is mainly because of tariffs. Millions of construction jobs and afterwards millions of good paying jobs in the public sector. This will not happen if the tariffs are repealed. Not to mention the mess it will be to refund hundreds of billions of tariffs that were already collected.

Can Congress legislate itself out of enumerated powers? Should SCOTUS allow it? How would a fractured Congress regain delegated power against a veto?

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