When Congress Passes the Buck: How Russia’s Invasion of Ukraine Exposed Flaws in Granting the President Sanctioning Powers

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states.

This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners alike.