Dodging a Constitutional Iceberg

About this episode

The episode discusses the implications of the Learning Resources case and the power dynamics between the executive branch and the people's representatives.

We're less than a week out from the Learning Resources case. No surprise, I'm still collecting my thoughts. At issue were the reciprocal tariffs used under IEEPA, or, put another way, the "gradual but continual accretion of power in the executive branch & away from the people's representatives." In this video, I take an excerpt from the oral arguments between Justice Gorsuch & Solicitor General Sauer where we first heard of the "one-way ratchet." We then look at Justice Gorsuch...

People in this episode

Host: Matthew Leffler

Topics covered

• constitutional law
• executive power
• tariffs
• oral arguments
• judicial review

Keywords

• constitutional iceberg
• reciprocal tariffs
• IEEPA
• executive branch
• Justice Gorsuch
• oral arguments

Mentioned in this episode

Organizations: Learning Resources, IEEPA

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