Summary: Congress has not delegated (and may not delegate) all power over tariff enactment to the president. It would violate the separation of powers.
The Court of International Trade said the U.S. Constitution gives Congress exclusive authority to regulate commerce with other countries that is not overridden by the president’s emergency powers to safeguard the U.S. economy.
“The court does not pass upon the wisdom or likely effectiveness of the President’s use of tariffs as leverage,” a three-judge panel said in the decision to issue a permanent injunction on the blanket tariff orders issued by Trump since January. “That use is impermissible not because it is unwise or ineffective, but because [federal law] does not allow it.”
The also have an incentive to preserve their own power when not declaring every branch of the government other than the executive obsolete.
That’s a misunderstand of human nature imho. I don’t think they do - at least not as a legal body. It turns out personal comfort and wealth is just fine for several of them. Who cares if you can rule over cases when you have a shiny new motor home and are spending the weekend at a wealthy friend’s island?
It’s how corruption works.
You don’t get any more bribes if you hold no power worth getting bribes for.
These are greedy people. There’s never “enough” for them. Closing off that channel is not in their own self interests.
You ever wonder why dictatorships across the world have courts? Because they give the dictator legitimacy. That is why you bribe judges. You can be absolutely servile to the dictator but still have worth.
That’s what you’d expect, but we’ve seen them pretty OK with the erosion for years now. Lately it seems like maybe there’s one collective backbone among the nine of them, but I’m not convinced of anything just yet.