Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case
Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.
The Libertarian
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.
The Government Schools Persist in Mandating Gender Ideology
The volume and pace of federal litigation on these policies indicate there is no softening of the collective mind on transgenderism within the education industrial complex.
The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.
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