LyrArc Article Gist
An excerpt from the hearings on the major questions doctrine and separation of powers with Congress.

JUSTICE ROBERTS: Sometime ago you dismissed the applicability of the major questions doctrine, and I -- I want -- want you to explain that a little bit more. I mean, it seems that it might be directly applicable. You have a claimed source in IEEPA that had never before been used to justify tariffs. No one has argued that it does until this -- this particular case. Congress uses tariffs in other provisions but -- but not here. And yet -- and correct me on this if I'm not right about it -- the justification is being used for a power to impose tariffs on any product from any country for -- in any amount for any length of time. That seems like -- I'm not suggesting it's not there, but it does seem like that's major authority, and the basis for the claim seems to be a misfit. So why doesn't it apply again? GENERAL SAUER: Well, we agree that it's a major power, but it's in the context of a statute that is explicitly conferring major powers, that the point of the statute is to confer major powers to address major questions, which are emergencies. So it would be unusual...

And another excerpt from the hearings on fentanyl-

JUSTICE KAGAN: And, in fact, you know, we've had cases recently which deals with the President's emergency powers, and it turns out we're in emergencies everything all the time about, like, half the world. GENERAL SAUER: Well, this particular emergency is particularly existential, as Executive Order 14257 says, and, of course, no one disputes the existential nature of the fentanyl crisis, which, you know, we had an agreement last week to create progress on, which illustrates the effectiveness of the tariffs tool (this refers to the agrement with China last week by Nov 1 that cuts the 20% tariff from 20% to 10% if China completely cuts off flow of fentanyl from inside its borders.) 

Clearly some in the US have not grasped the existential nature of the fentanyl crisis, a crisis of proportions so great that it would be an existential crisis for any nation. A concentration of the world's manufacturing in one nation with a trade surplus of $1 trillion with the world is also an emergency that extends into the existential sphere.