Sunday, 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.


Congressional Authority, Executive Authority, Separation of Powers | Permalink

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