- Collection:
- Scholarly Works
- Title:
- The National Security Delegation Conundrum
- Creator:
- Cohen, Harlan G.
- Date of Original:
- 2019-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
University of Georgia--Faculty - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- articles
- Type:
- Text
- Format:
- application/pdf
- Description:
- Originally posted at Just Security on July 17, 2019 (https://www.justsecurity.org/64946/the-national-security-delegation-conundrum/).
In the past two years alone, Trump has claimed national security authority to unilaterally issue steel and aluminum tariffs under Section 232 and threaten the same on auto parts; to implement a travel ban targeting majority-Muslim countries under the Immigration and Naturalization Act (INA); to threaten Mexico with tariffs under the International Emergency Economic Powers Act (IEEPA) if it didn’t do more to stop migration to the U.S.; to find funds for a border wall that Congress specifically chose not to support; to continue attacks under the 2001 Authorization of Use of Military Force (AUMF), originally passed to go after the perpetrators of 9/11, on militant groups in Syria and elsewhere; and to float the possibility under the same AUMF of war with Iran (an interpretation the State Department seems to have thankfully mostly dropped) . For many watching these developments, these congressional delegations, justified on national security grounds, seemed like a blank check. To address these concerns, this group would love to see national security delegations rolled-back or disciplined, and a revitalized non-delegation doctrine, which would limit the discretion Congress could delegate, would certainly help. Gundy, thus, set those favoring a regulatory state and those worried about a national security one on a collision course. A win for environmental regulation would be a loss for constraining emergency powers and vice versa.
foreign policy -- national security -- Gundy v. United States -- tariffs -- International Trade Law - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/fac_artchop/1324
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
