Sep. 24, 2018
Steel tariff suit challenges delegation of legislative power
A case pending in the U.S. Court of International Trade, which has exclusive jurisdiction over trade-related powers delegated by Congress to the executive, tests the limits of Congress’ power to delegate its legislative power.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Congress has broad discretion to delegate its legislative power to the president. This delegation is not unfettered, however. A case pending in the U.S. Court of International Trade, which has exclusive jurisdiction over trade-related powers delegated by Congress to the executive, tests the limits of Congress’ power. The case is significant, because it has the potential to affect the president’s use of tariffs based on the claim of national security.
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