In his post below, David B. wonders whether the Supreme Court might strike down the bailout plan under the nondelegation doctrine. I think that’s quite possible, for the reasons David gives. I would just add one more point: The powers granted by the bailout plan (at least it its proposed form) would mostly sunset in 2 years. See Section 9 of the proposed legislation. As a result, the Supreme Court would almost certainly not reach the question until the powers had already expired. That is, the Supreme Court could review the grant of power after the power had been revoked, and therefore a decision striking down the plan wouldn’t actually have the effect of taking away a then-existing authority.