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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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 showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.
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Trump’s Tariff Tantrum
Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.
The Administrative State’s Sludge
Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.
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