This note considers possible legal challenges to the original Section 232 steel order and recommends different actions for alleviating the problem of broad executive power delegated by Congress in Section 232. Parts I and II provide an introduction and background to Section 232. Part III analyzes the constitutionality of Section 232 under both the Court’s current jurisprudence of the nondelegation doctrine and potential changes to the doctrine suggested by the dissent in Gundy . Part IV assesses potential challenges to the steel order under the theory that the President acted outside of the scope of his authority conferred by the statute. Part V assesses whether the action is consistent with global trade rules and what the potential effects of a WTO violation are under domestic law. Lastly, because of the weakness of the legal arguments against Section 232 and the steel order, Part VI provides recommendations for how Congress, as opposed to the courts, might deal with the problems posed by Section 232.
Kayla Scott, Steel Standing: What’s Next for Section, 30 Duke Journal of Comparative & International Law 379-444 (2020)
Available at: https://scholarship.law.duke.edu/djcil/vol30/iss2/7