There doesn’t seem to be a single element of the status quo the President finds acceptable and whenever he happens to determine something is unacceptable, he has not hesitated to put his entire Presidency and its ultimately legacy on the line. In some other universe, Donald Trump retook office on January 20, 2025 and proceeded… Continue reading The ridiculous audacity of Donald Trump
Tag: international emergency economic powers act
The Supreme Court’s unsatisfying decision to cut the IEEPA baby in half on tariffs
Taxes have been considered a form of regulation since the Founding. Concluding one doesn’t come with the other amounts to believing Congress delegated the use of economic nuclear weapons, but only nuclear weapons, even when a scalpel might better serve the same purpose. In principle, I agree with the notion that our constitutional order does… Continue reading The Supreme Court’s unsatisfying decision to cut the IEEPA baby in half on tariffs
Reminder: The Constitution doesn’t actually mention tariffs and the Supreme Court ruled in 1928 that the power can be delegated to the President
Rather than looking at the Constitution, the history, the law, and the facts, many automatically assume President Trump will not prevail at the Supreme Court or anything else, but what else is new? Last week, Supreme Court pundits and watchers were convinced the Justices were set to overturn President Trump’s global tariff policy because several… Continue reading Reminder: The Constitution doesn’t actually mention tariffs and the Supreme Court ruled in 1928 that the power can be delegated to the President
Congress, the Courts, and the if you choose not to decide principle
Contrary to the Court’s seeming belief, the legislature isn’t a powerless body getting beaten bloody by the Executive and in need of a life-saving intervention. If Congress objected to the President’s use of the tariff power, they don’t need to rely on the Courts to enforce their will. They could simply curtail it, revoke… Continue reading Congress, the Courts, and the if you choose not to decide principle



