Overruling Trump’s Tariffs Should Be an Easy Decision for SCOTUS
Welcome to the inaugural issue of Injustice System, a newsletter about law, politics, and history. Thanks for reading!
Let’s talk tariffs. Specifically, let’s talk about why overruling President Donald Trump’s tariffs should be an easy decision for the Supreme Court when the appropriate case arrives before the justices, which will probably happen sooner rather than later.
Trump unilaterally imposed tariffs on much of the world. Yet the president has no such authority under Article II of the Constitution, which enumerates the limited powers of the executive branch. Instead, the authority “to lay and collect Taxes, Duties, Imposts and Excises,” as well as the authority “to regulate Commerce with Foreign nations,” resides exclusively in Article I, which is where the limited powers of the legislative branch are detailed.
So, Trump’s trade war violates the constitutional separation of powers because Trump has unlawfully exercised power that the Constitution placed in the hands of Congress, not in the hands of the president.
If that sounds familiar, it is probably because the Supreme Court said much the same in 2023 when it declared former President Joe Biden’s unilateral student debt cancellation plan to be unlawful because it was an example of “the Executive seizing the power of the Legislature.”
But let’s say that a majority of the Supreme Court is not fully persuaded by the separation of powers case against Trump’s tariffs. Are there other grounds on which Trump’s tariffs might be struck down?
Why yes, there are.
Under a legal principle known as the “major questions doctrine,” when the executive branch seeks to wield significant regulatory power, it must first point to an unambiguous delegation of such power by Congress to the executive.
Or, as Justice Neil Gorsuch described it in his concurrence in West Virginia v. EPA (2022), the doctrine requires that “whe
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
