George F. Will misleadingly presents as viable a libertarian argument that the Emergency Economic Stabilization Act of 2008 is unconstitutional because it violates the "nondelegation doctrine." (March 29). His selective quotation from a Jeffrey Rosen column ignores Rosen's conclusions that "[t]he libertarian arguments are doomed — and the libertarians know it" and "the fact that it's not unconstitutional."
Will erroneously claims that "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, when the anti-New Deal Supreme Court used it to overturn a few Great Depression programs.
senior judicial counsel