RETURNING LAWMAKING TO THE LEGISLATIVE BRANCH:
Supreme Court win for Trump in FTC case would restore the Founders’ design (Ilya Shapiro, Dec. 8, 2025, NY Post)
Justice Neil Gorsuch reiterated the need to revive the nondelegation doctrine to stop Congress from handing vast, standardless power to bureaucrats.
Kavanaugh, meanwhile, seemed eager to draw a line between agencies that enforce the law and courts created by Congress that exercise judicial authority.
Given the court’s trajectory, none of this should be a surprise.
Over the last 15 years, the justices have steadily chipped away at Humphrey’s Executor in a string of separation-of-powers cases, while reaffirming Chief Justice William Howard Taft’s principle from Myers v. United States (1926): Because the Constitution vests all executive power in the president, he must be able to remove the officials who exercise that power in his name.