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 Supreme Court just struck down President Donald Trump’s worldwide tariffs. Contrary to immediate takes on the opinion, Learning Resources v. Trump does not mark a permanent reduction in presidential power. If he chooses, Trump could restore many of his tariffs over the next year under different laws. But Learning Resources should put to bed the left’s attacks on the court and the Constitution, while also highlighting the need for cooperation between the president and Congress in managing foreign affairs.
Writing for a 6-3 majority, Chief Justice John Roberts reaffirmed two basic constitutional principles. First, he wrote that the Constitution vests the power to impose tariffs and taxes in Congress alone. Article I, Section 8 of the Constitution states that "Congress shall have Power To lay and collect Taxes, Duties, Imposes and Excises," and "To regulate Commerce with foreign Nations." Second, Congress can delegate that power to the president. Congress has enacted a series of trade laws that have. There was no real disagreement among any of the justices on these two fundamental points.
Constitutionalism
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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.
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Originalism and Its Adversaries
At some point, we all end up being in the minority, and when that happens, all those obstacles that seemed horrible when your party was in power will seem the very things that are preventing us from embarking down the road to ruin.
A Warning to Quorum Breakers
If absence goes on long enough, there may be serious consequences—including removal from office.
