Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. trade lawmaking.
Kathleen Claussen, Trading Spaces: The Changing Role of the Executive in U.S. Trade Lawmaking, 24 Ind. J. Global Legal Stud. 345 - 368 (2017).