Advisory Opinions Congress Won’t Contradict Trump
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Sep 11, 2025 Dive into the legal intricacies of military action as the hosts dissect the president's authority to order strikes without congressional approval. Explore the complexities of armed conflict laws and how they intersect with the Constitution. There's a critical look at ongoing Supreme Court cases, including Trump's tariffs and immigration enforcement. Additionally, the discussion touches on the Federal Reserve's unique structure and its implications for executive power. Tune in for a captivating analysis of law, politics, and the balance of power!
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Membership Alone Can't Justify Strikes
- Using membership alone to justify lethal force creates a dangerous precedent far from any imminent threat.
- That logic could permit military action against identified group members anywhere, sidestepping law-enforcement responses.
Challenge Tariff Power With Major-Questions
- Apply the major-questions framework to challenge broad executive tariff claims under IEPA.
- Insist courts require clear congressional authorization before permitting novel, sweeping tariff powers.
IEPA's Text Vs. Historical Practice
- IEPA's long list of verbs gives context but has never been used to impose a tariff historically.
- The novel use of IEPA for single tariffs is legally and historically unprecedented.
