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Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey Apr 2023

Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey

Brigham Young University Prelaw Review

The United States President has nearly unlimited sanctioning power. This paper agrees with presidential authority over sanctions, which has been firmly established by the Trading With the Enemy Act of 1917, International Emergency Economic Powers Act in 1977, United States v. Curtiss-Wright Export Corp., and INS v. Chadha. However, this paper does not agree with unchecked sanctioning power. By simply declaring a national emergency, the President can legally justify most economic sanctions on foreign countries. Over the last few decades, the United States has entered a new state of “sanctioning madness” and is known for its particularly destructive unilateral sanctions. …