SCOTUS UPHOLDS CONT .
Imagine a Congressional bill passed in February 2025 giving President Trump ( or Biden ) “ all necessary funding to provide for all requisite activities of the executive branch until this Act of Congress is revoked .”
It seems as if SCOTUS may have just blessed precisely this approach . At least , that ’ s how Alito and Gorsuch see it . And so do I .
It gets worse , of course .
The power of the purse is just one example of the separation of powers .
What if Congress went further and “ delegated ” authority to the President to make laws while they were at it . We might imagine a bill reading :
“ Congress hereby delegates all legislative authority necessary to perform all Constitutional acts — with all necessary funding to provide for all requisite activities — to the person holding the Office of the President of the Unites States until this Act of Congress is revoked .”
Upcoming Conference Appearances
BY THE POWERFUL TROUTMAN AMIN , LLP TEAM
July 14-15 , 2024 Law Conference of Champions in Irvine , California
July 28 , 2024 Mailcon in New York City
July 29-30 , 2024 Affiliate Summit East in New York City
September 9-11 , 2024 2024 Leaders Advocacy Summit in Washington D . C .
September 16-18 , 2024 Allstate Mega Agency in Austin , Texas
Sept 24-25 , 2024 LeadsCon Connect in Chicago , Illinois
I mean , why not ? Congress already delegates legislative power to executive agencies on the reg .
Sure I am being a bit glib here . Wide-ranging delegations of authority exceed permissible bounds — or at least have historically — but given the extremely broad read of the Appropriations provision , I don ’ t see why equal “ deference ” won ’ t soon be afforded to delegations .
Maybe this is too slippery a slope . Perhaps I am batting at a windmill . It wouldn ’ t be the first time .
But in a world where the political parties have each seized control of the hearts and minds of tens of millions of Americans and convinced each other that a “ final battle ” to rid the world of the other may be necessary , those of us outside the paradigm are looking to certain cherished procedural protections built into the Constitution to keep the train on the tracks until someone comes along and makes straight the paths ( probably me , but I am waiting for someone else to come along before I have to do it myself .)
So yeah , I ’ m not too into this CFPB ruling . And , per usual , I shouldn ’ t be the only one talking about this .
24 • TROUTMANAMIN . COM