[Mitchell]

President Bush is acting under legal authority granted to him under laws passed by Congress. That is neither usurpation nor abuse. Unless his authority is successfully challenged in court, he, and future presidents, will continue to have the power to control tariffs. That is exactly how the U.S Constitution works.

This is an interesting question. Apparently Congress has passed a law giving the President the authority to declare tariffs.

Do you know of any Supreme Court rulings on whether one branch of government can choose to abrogate its responsibilities as enumerated in the Constitution? One might make the legal claim that Congress must approve each bill specifically.

This is especially persuasive in the case of taxes (including tariffs), which are required to originate in the House of Representatives. Did this tariff originate in the House? Maybe the blanket authorization originated in the House (I don't know), but this specific tariff originated in the President's office.

[Imal]

"Do you know of any Supreme Court rulings on whether one branch of government can choose to abrogate its responsibilities as enumerated in the Constitution? One might make the legal claim that Congress must approve each bill specifically."

The Supreme Court ruling that a presidential line-item veto power would be unconstitutional is an example that is both contemporary and pertinent. The majority of the Justices found that the line-item veto violated the presentment clause of the Constitution, which states that every bill presented to the President shall be approved or disapproved by him. Particularly noteworthy is a quote from Justice Anthony Kennedy: "Liberty is always at stake when one or more of the branches seek to transgress the separation of powers". I share his opinion.

By granting the President the power to levy and control tariffs, I believe Congress has delegated a power specifically reserved to it under Article 1, Section 8 of the Constitution. However, I don't know of any clear precedent that establishes this as unconstitutional, since the Executive Branch has historically been granted broad regulatory power over almost everything specifically reserved to Congress. Therein lies the rub.

I found an article regarding the line-item veto debate on PBS.org that includes a good description by John Cooney, former OMB deputy counsel, of the constitutional issues involved in separation of powers cases. Based on that and other sources, I believe the principle of Congress granting the President tariff authority is marginally constitutional, although it could conceivably be struck down by the Supreme Court, nonetheless.

Either way, I think it is exceedingly unwise legislation, and that this particular case is a good example of just how unwise it is.

Imal