Justice Gorsuch Reminds Us Why Congress Matters
At the end of his concurring opinion in the IEEPA tariff case, Learning Resources, Inc. v. Trump, Justice Neil Gorsuch gave one of the finest explanations of why Congress matters in the American constitutional design. Citizens of all ideologies should demand that our federal legislature reclaim its role as the engine of the policymaking process. These days, they serve merely as cheerleaders for or hecklers against the president — bloviating on social media and busking on television — as the executive branch governs unilaterally.
Here is the entire section from Gorsuch’s opinion:
For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be disappointing. All I can offer them is that most major decisions affecting the rights and responsibilities of the American people (including the duty to pay taxes and tariffs) are........
