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bigtree

(94,342 posts)
Fri Feb 20, 2026, 01:55 PM Feb 20

Did Gorsuch just signal intent to defend congressional power and authority in future rulings? [View all]

...are we seeing the emergence of at least three conservatives on the court (Roberts, Gorsuch, and Barrett) as limiters on the broad Executive authority Trump has claimed on agencies and issues other than trade?



excerpts from Gorsuch's agreement with the SC decision denying Trump the trade authority he had used to impose most of his tariffs:

"The Constitution lodges the Nation’s lawmaking powers in Congress alone, and the major questions doctrine safeguards that assignment against executive encroachment. Under the doctrine’s terms, the President must identify clear statutory authority for the extraordinary delegated power he claims. And, as the principal opinion explains, that is a standard he cannot meet."

"Americans fought the Revolution in no small part be-
cause they believed that only their elected representatives
(not the King, not even Parliament) possessed authority to
tax them. And, they believed, that held true not just for direct taxes like those in the Stamp Act, but also for many duties on imports, like those found in the Sugar Act..."

"...what do we make of the Constitution’s text? Section 1 of Article I vests “all legislative Powers herein granted” in Congress and no one else. Section 8 proceeds to list those powers in detail and without differentiation. Neither provision speaks of some divide between true legislative powers touching on “life, liberty, or property” that are permanently vested in Congress alone and “other kinds of power[s]” that may be given away and possibly lost forever to the President."

"What do we make, too, of what the founders said about Article I both before and after the Constitution’s ratifica- tion? They regularly referred to powers in Article I, §8— even those that do not touch on life, liberty, or property— as legislative in nature. At the Constitutional Convention, early drafts described the powers to regulate “foreign” com- merce, “raise armies,” “equip Fleets,” “coin . . . money,” and “establish post-offices” as “legislative powers.” James Madison wrote to Congress in 1817 that “the legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution.” (noting, before the Constitutional Convention, the “legislative power over captures,” and arguing borrowing money is an “exclusive power of Legislation”)."

"Alexander Hamilton spoke similarly. (discussing “the legislative power of borrowing money” (describing “the legislative power of regulating trade with foreign nations”); (calling of “the legislative kind” and “of a legislative nature” the powers to raise money and troops, “establish rules in all cases of capture by sea or land, regulate the alloy and value of coin.”"

"For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be dis- appointing. All I can offer them is that most major decisions affecting the rights and responsibilities of the Ameri- can people (including the duty to pay taxes and tariffs) are funneled through the legislative process for a reason.

Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design.

Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man. There, deliberation tempers impulse, and compromise hammers disagreements into workable solutions.

And because laws must earn such broad support to survive the legislative process, they tend to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day.

In all, the legislative process helps ensure each of us has a stake in the laws that govern us and in the Nation’s future. For some today, the weight of those virtues is apparent. For others, it may not seem so obvious. But if history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is."


ruling: https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf



Gorsuch, Barrett side with liberals on nixing Trump tariffs https://thehill.com/regulation/court-battles/5747598-justices-limit-trump-tariff-power/
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I can hardly believe it, but UpInArms Feb 20 #1
He certainly gave a history lesson. Buckeyeblue Feb 20 #5
reminding of the history of a king imposing taxes without representation bigtree Feb 20 #21
One can hope Tim S Feb 20 #2
amen bigtree Feb 20 #19
DURec leftstreet Feb 20 #3
nah. they're just trying to save B.See Feb 20 #4
there is a strong element of saving their own financial portfolios here bigtree Feb 20 #8
So, seems they know how to reference B.See Feb 20 #11
there were sly exploitations of relatively recent conservative doctrine by some of the majority bigtree Feb 20 #20
Armies of masked thugs deporting our best customers are bad for business Bluetus Feb 20 #6
Nope. Just says he values his wallet more than loyalty to Trump Raven123 Feb 20 #7
I agree with that bigtree Feb 20 #9
The problem is Gorsuch was one who agreed on the Trump immunity decision Raven123 Feb 20 #13
I get that bigtree Feb 20 #15
Or he's renegotiating lame54 Feb 20 #10
Only when big money is at stake. 617Blue Feb 20 #12
I agree on that bigtree Feb 20 #16
K&R UTUSN Feb 20 #14
Sadly the process also makes it very difficult to correct unintended consequences. dickthegrouch Feb 20 #17
Gorsuch addressed that, I think, by pointing to the 'major questions doctrine' bigtree Feb 20 #18
'btw' bigtree Feb 21 #22
It appears that 2 of the 3 TACO picks are THINKING on their butts! ProudMNDemocrat Feb 21 #23
My question then: why did the esteemed right-side of the Court . . . peggysue2 Feb 21 #24
it's the old adage, I think, about who's ox is gored bigtree Feb 21 #25
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