March 29, 2009
Emergency Economic Stabilization Act of 2008 (EESA) is unconstitutional?
Yes, according to George Will here.
Will provides this hypothetical (worth reading for ConLawProfs contemplating writing exam questions):
Suppose Congress passes the Goodness and Niceness Act. Section 1 outlaws all transactions involving, no matter how tangentially, interstate commerce that do not promote goodness and niceness. Section 2 says the president shall define the statute's meaning with regulations that define and promote goodness and niceness and specify penalties for violations.
His conclusion: "Surely this would be incompatible with the Vesting Clause."
This is an argument that will probably be surfacing again.
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