One-Way Ratchet

Definition

A structural problem in delegation law where once Congress grants power to the President, it becomes practically impossible to reclaim because the President can veto any legislation to take it back, requiring a two-thirds supermajority in both chambers to override.

Examples

• •Multiple justices noted that if IEEPA is read to include tariff power, no president would sign legislation to surrender it, permanently shifting trade policy power to the executive

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