Understanding the Nondelegation Doctrine

The nondelegation doctrine is a constitutional principle that has been at the center of a recent challenge to the president's tariffs. At its core, the doctrine holds that Congress cannot abdicate its legislative powers to other branches of government. In other words, the Constitution's system of checks and balances requires that lawmakers, not executive branch officials, make the laws.The doctrine is rooted in Article I of the US Constitution, which vests legislative power in Congress. The Constitution does grant the executive branch certain powers, including the ability to implement and enforce laws, but it does not permit Congress to transfer its lawmaking authority to the president or other executive branch officials.The nondelegation doctrine has been the subject of much debate and litigation over the years, with some arguing that it is a vital safeguard against the concentration of power in the executive branch. Others contend that the doctrine is overly restrictive and has been inconsistently applied by the courts.In the context of the president's tariffs, the challengers argue that the measures exceed the president's authority because they are based on a law that impermissibly delegates legislative power to the executive branch. Specifically, the law at issue allows the president to impose tariffs on imported goods without congressional approval, provided that the president determines that such tariffs are necessary to protect national security.The challengers claim that this law violates the nondelegation doctrine because it gives the president unfettered discretion to set tariffs, which is a quintessentially legislative function. By ceding this power to the president, Congress has effectively surrendered its constitutional authority to make laws, they argue.The outcome of this case could have significant implications for the balance of power between the legislative and executive branches of government. If the courts agree with the challengers, it could limit the president's ability to unilaterally impose tariffs and other economic measures, and potentially lead to a more assertive role for Congress in shaping US trade policy.