to put a sharper point on this, the President’s power to pass an executive order regulating emissions is severely hampered. his power to use the DOJ or the military to regulate emissions is nearly unlimited
there’s a narrow reading where it’s untouched: The Court says there’s immunity if the President is acting within his powers, and Youngstown reflects a limit on those powers. in practice I don’t know how you square Roberts’ articulation of executive power with Youngstown.
So on that reading, there remain limits to the president’s power—he can’t nationalize the steel industry or round up and imprison Japanese Americans, or any of the other things the Court has previously decided are not within his core powers?
right. the narrow version is something like: Roberts held that the direction of the DOJ is a core power, as are communications with executive branch members about official business. Everything else is theoretically in the air.
Of course couldn't you order government officials to do a lot more things now by saying you'll pardon them if they break the law for you, but you'll fire them if they don't? The president for sure can't be prosecuted for using his pardon now, right?
