Gideon's Substack • 11 implied HN points • 23 Feb 26
- The Supreme Court ruled that the president cannot unilaterally impose or remove tariffs by declaring an emergency, and tariff power properly belongs to Congress so courts will read broad delegations narrowly.
- The Roberts Court pairs strong presidential control inside the executive with a strict approach to congressional delegations on major questions, forcing the executive to get clear authorization from Congress for big policy moves.
- In practice, partisan Congresses may refuse to reassert their authority, leaving the Court only able to veto and causing paralysis or temporary executive actions that businesses treat as law until voters and lawmakers fix it.