11/06/2025
When the Trump administration argued before the Supreme Court that "tariffs" were a "regulatory" and not a "taxation" power, he was 100% correct, and this would be obvious if you knew how the Constitution was written. This article explores Justice Joseph Story's famous Commentaries on the Constitution and how it breaks down the tariff power and aligns with Trump's message. It is disappointing that those like Justice Barrett did not know about Story's claims or that the Trump admin's position was the position of the United States for over 150 years.
Currently, the Supreme Court of the United States is determining if President Donald Trump can lay retaliatory tariffs upon other nations using emergency powers. Many of the Justices have framed tariffs as a taxation power, which causes the problem. The most famous scholar on SCOTUS powers, Justice....