Welcome to the inaugural issue of Injustice System, a newsletter about law, politics, and history. Thanks for reading!
Let's talk tariffs. Specifically, let's talk about why overruling President Donald Trump's tariffs should be an easy decision for the Supreme Court when the appropriate case arrives before the justices, which will probably happen sooner rather than later.
Trump unilaterally imposed tariffs on much of the world. Yet the president has no such authority under Article II of the Constitution, which enumerates the limited powers of the executive branch. Instead, the authority "to lay and collect Taxes, Duties, Imposts and Excises," as well as the authority "to regulate Commerce with Foreign nations," resides exclusively in Article I, which is where the limited powers of the legislative branch are detailed.
