Alas, he is right about IEEPA, which is an extraordinarily broad and open-ended delegation from Congress to the president. This is not about Article II power, at least not mainly. It is about the power Congress has given to the president. 1/
2/ Here is what POTUS can do simply upon his unilateral declaration of an emergency with respect to “*any* unusual and extraordinary threat, which has its source in whole or substantial part outside the United States.” law.cornell.edu/uscode/text/50…
3/ Read those astonishingly broad and all-encompassing words carefully and imagine what it might mean in Trump’s hands. Pay attention especially to the word “any,” which is used dozens of times in 1702.
4/ Note also that courts have tended to uphold even the broadest exercises of presidential power under IEEPA, since the delegation is so extensive, and since it operates in an area of the president's overlapping Article II power.
5/ Here is the latest CRS Report on IEEPA. fas.org/sgp/crs/natsec…
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