United States Constitutional Allocation of Power Impacting Upon Eastern European Trade

This paper will concentrate upon the theories permitting executive growth, and the impact of that growth upon the role of the President in the critical area of foreign trade. Next, the paper will examine certain principles for determining the legality of congressional delegation of authority to the Executive in the foreign commerce arena. Furthermore, the vitality of these guidelines will be illustrated by an examination of their use in recent cases. Finally, the paper will apply those guidelines to the Trade Act of 1974, as amended in 1979, to determine the legality of the congressional delegation of power and the constitutionality of the overextended role of the executive in foreign trade matters.