Re:Microsoft and Bytedance Put TikTok Talks on Hold After Tr...
by dragonwriter on Saturday August 01, 2020 @09:12PM
(#24025458)
Genuine emergencies (IEEPA expressly addresses seems conflict with special provisions, and arguably mostly is made for that and conditions imminently threatening it) may need responses inside the legislative cycle, which is why IEEPA exists. Certainly, it's arguably been stretched beyond the basic intent in the past (but Congress hasn't reasserted itself in response), and even by the standards of past use this is somewhat ludicrous, but I think that the basic concept is one which makes the case that it's not the President having the power to exercise judgement in this area that is the problem but the judgement actually exercised.
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