Where does the constitution give congress the ability to delegate its powers away?

[TNHarley]

The answer is, it doesnt. Just like so many other things, like immunity, they just made things up.
The supreme court making things in their opinions is a big part of why our fed gov is so overgrown, bloated and unsavory. If the constitution wasnt meant to be read in an originalist POV, they would not have written the thing.
Of course, tariffs brought this up, but it also happens with war powers and other things.
Here is what the supreme court says about tariffs : The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

U.S. Constitution - Article I | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of Article I of the Constitution of the United States.

constitution.congress.gov

There is absolutely nothing ambiguous about that. When the supreme court ruled on delegation of powers, they were wrong, they just made it up, and should have been taken to the woodchipper.

https://supreme.justia.com/cases/federal/us/143/649/

 

[evenflow1969]

The answer is, it doesnt. Just like so many other things, like immunity, they just made things up.
The supreme court making things in their opinions is a big part of why our fed gov is so overgrown, bloated and unsavory. If the constitution wasnt meant to be read in an originalist POV, they would not have written the thing.
Of course, tariffs brought this up, but it also happens with war powers and other things.
Here is what the supreme court says about tariffs : The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

U.S. Constitution - Article I | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of Article I of the Constitution of the United States.

constitution.congress.gov

There is absolutely nothing ambiguous about that. When the supreme court ruled on delegation of powers, they were wrong, they just made it up, and should have been taken to the woodchipper.

https://supreme.justia.com/cases/federal/us/143/649/

You know why they do it don't you. They pawn off their job so the voters can't hold them responsible. They haven't completed a full years budget in decades. It's an f n joke. We were at war for like 20 years. Supposed to be decided by Congress. Nope call it a policing action and kick the can to the president.

 

[Votto]

The answer is, it doesnt. Just like so many other things, like immunity, they just made things up.
The supreme court making things in their opinions is a big part of why our fed gov is so overgrown, bloated and unsavory. If the constitution wasnt meant to be read in an originalist POV, they would not have written the thing.
Of course, tariffs brought this up, but it also happens with war powers and other things.
Here is what the supreme court says about tariffs : The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

U.S. Constitution - Article I | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of Article I of the Constitution of the United States.

constitution.congress.gov

There is absolutely nothing ambiguous about that. When the supreme court ruled on delegation of powers, they were wrong, they just made it up, and should have been taken to the woodchipper.

https://supreme.justia.com/cases/federal/us/143/649/

No one care, especially those on the Left, as to the original intent of the Constitution

“If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America.”​

~ James Madison

The Republic is largely unrecognizable from its intended state.

 

[task0778]

The answer is, it doesnt. Just like so many other things, like immunity, they just made things up.

True enough, but the Executive Branch (Da Prez) is supposed to execute the legislation passed by Congress and signed into law to the best of his ability. Most of what Congress legislates is somewhat vague and is open to interpretation, and most presidents since the get-go have tried to expand their power by interpreting those laws to suit their political purposes. Thus, it falls on the Supreme Court to referee constant contest between the 2.

And then there's the contest between the federal gov't and the states, who gets to do what. The basic problem we have in this country is that we have a buncha pussies in Congress that aren't holding up their end of the responsibility for running this country. It isn't that they've given up any of the constitutional power, they just don't have the balls to do their jobs.

 

[kyzr]

Congress has the power to write laws, the Constitution does NOT specify which laws or which type of laws it can or cannot write, and if the laws are not Constitutional the Supreme Court can kill it.

 

[berg80]

Congress has the power to write laws, the Constitution does NOT specify which laws or which type of laws it can or cannot write, and if the laws are not Constitutional the Supreme Court can kill it.

You missed the point of the Court's ruling which was to unequivocally state trump's claim on emergency powers was invalid and therefore unconstitutional.

 

[berg80]

Are President Trump’s new 15% global tariffs even legal? Former U.S. Trade Rep weighs in.​

The answer, most likely not.

 

[Oddball]

You missed the point of the Court's ruling which was to unequivocally state trump's claim on emergency powers was invalid and therefore unconstitutional.

The point of the OP is that congress cannot delegate away its powers for any "emergency", nincompoop.

 

[Anathema]

I have a better question… Where does the Condtitution give Congress ANY power being these…


To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

 

[ThisIsMe]

The answer is, it doesnt. Just like so many other things, like immunity, they just made things up.
The supreme court making things in their opinions is a big part of why our fed gov is so overgrown, bloated and unsavory. If the constitution wasnt meant to be read in an originalist POV, they would not have written the thing.
Of course, tariffs brought this up, but it also happens with war powers and other things.
Here is what the supreme court says about tariffs : The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

U.S. Constitution - Article I | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of Article I of the Constitution of the United States.

constitution.congress.gov

There is absolutely nothing ambiguous about that. When the supreme court ruled on delegation of powers, they were wrong, they just made it up, and should have been taken to the woodchipper.

https://supreme.justia.com/cases/federal/us/143/649/

I agree, so can we follow ALL of the cotus then? Not just the parts we like, but ALL of it?

 

[TNHarley]

I agree, so can we follow ALL of the cotus then? Not just the parts we like, but ALL of it?

Thats the only way to do it.