Michael McConnell on Presidential Power: Tariffs, Independent Agencies, and Constitutional Limits

In our latest Two Think Minimum podcast we talk with Stanford Law Professor Michael McConnell about two landmark Supreme Court cases reshaping presidential power. McConnell, who represented challengers in the historic tariff case striking down the President's use of IEEPA, explains how the Court's application of the Major Questions Doctrine reinforces Congress's constitutional authority over taxation while limiting executive overreach. The conversation then turns to the anticipated overturning of Humphrey's Executor, which would eliminate for-cause removal protections for independent agency heads. McConnell argues these cases reflect consistent constitutional principles: Congress controls how much power the executive branch has, while the elected president must control the powers that exist within it.

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