A federal law grants the President the power to unilaterally impose tariffs on goods from any country deemed to be engaging in 'unfair trade practices' that harm U.S. industries. The law provides no further definition of 'unfair trade practices' and no clear standards for the President's determination. A foreign country challenges a tariff imposed under this law. Which of the following constitutional doctrines is most likely to be successfully invoked?
- AThe Supremacy Clause.
- BThe Dormant Commerce Clause.
- CThe Nondelegation Doctrine.
- DThe Eleventh Amendment.
Show answer & explanationAnswer & explanation
Correct answer: C. The Nondelegation Doctrine.
The Nondelegation Doctrine holds that Congress cannot constitutionally delegate its legislative power to another branch of government without intelligible principles to guide the delegate's exercise of authority. A law granting the President broad, unchecked power to define 'unfair trade practices' and impose tariffs without any clear standards or definitions is a classic example of excessive delegation of legislative power, which is likely to violate the Nondelegation Doctrine.
Why the other options are wrong
- A. The Supremacy Clause resolves conflicts between federal and state law; here, the issue is the constitutionality of a federal law itself.
- B. The Dormant Commerce Clause applies to state laws affecting interstate commerce; it does not apply to federal laws.
- D. The Eleventh Amendment concerns state sovereign immunity from lawsuits, which is irrelevant to a federal law granting executive power.
Nondelegation Doctrine
The Nondelegation Doctrine prevents Congress from delegating its essential legislative power to other branches of government without providing 'intelligible principles' to guide the delegate's exercise of that power.
- Derived from the separation of powers principle
- Ensures accountability and prevents arbitrary exercise of power
- Rarely successfully invoked in modern era, but still exists
- Requires Congress to set boundaries, not just objectives
Memory trick: Congress can't just hand over the law, without a clear guide to draw.