Michael McConnell on the Tariff Cases and their Significance

Michael McConnell on the Tariff Cases and their Significance


Two federal courts recently ruled that Mr. Trump lacks authority to impose them, but a specialized federal court with authority over tariff cases, the Court of Appeals for the Federal Circuit, paused the enforcement of those decisions, ordering lawyers to submit legal briefs before a hearing on Monday. But the cases may be even more important for the future of a fundamental component of the Constitution's architecture: the separation of powers, intended by the founders to prevent any of the government's three branches from becoming all powerful. The Supreme Court rebuffed Truman, establishing the principle that, even in an emergency, the president cannot take upon himself powers that are granted neither by the Constitution nor by congressional statute….

Author: Ilya Somin


Published at: 2025-06-04 21:30:21

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