Columnist misleads on bailout constitutionality

George Will's recent column misleadingly promotes a discredited libertarian argument that the Emergency Economic Stabilization Act of 2008 is unconstitutional. ("Courts should rein in bailout that crosses constitutional boundaries," April 3).

His selective quotation from a Jeffrey Rosen column ignores Rosen's conclusions that "the libertarian arguments are doomed -- and the libertarians know it" and "the fact that it's not unconstitutional."

Will erroneously claims, "Since the New Deal era, few laws have been invalidated on the ground that they improperly delegated legislative powers." In fact, the only time federal laws were ever invalidated on this ground was in 1935 by the political, anti-New Deal Supreme Court.

In the more than seven decades since, every federal challenge based on this judge-created doctrine has failed. Indeed, when a split District of Columbia Circuit panel used it against Clean Air Act safeguards, the Supreme Court unanimously reversed it in the 2001 American Trucking case.

Glenn Sugameli

Senior judicial counsel

Earthjustice

Washington, D.C.