Groups challenging the president’s recent tariff policies are citing the nondelegation doctrine, a constitutional principle that restricts Congress from delegating its legislative authority to other branches. The doctrine, which was previously used by the Supreme Court under Chief Justice Charles Evans Hughes during the New Deal era to strike down certain pieces of legislation, is now being invoked to question the legality of the current tariff measures. Critics argue that the administration’s action effectively transfers legislative power from Congress to the executive branch, a move that could be seen as an unconstitutional overreach.
Legal scholars have noted that while the nondelegation doctrine has been applied in the past, its application to modern tariff policies represents a significant development in constitutional law. The challenge to the tariffs centers on whether the executive branch has the authority to implement such measures without direct congressional approval. If the Supreme Court rules in favor of the challengers, it could lead to a reevaluation of how executive power is exercised in economic matters.