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The Constitution and the Trump Tariffs

The Constitution and the Trump Tariffs

by Rob Natelson | Dec 7, 2025 | Article I Section 3, Commerce Clause, Constitution, Current Events, General Welfare Clause

Are tariffs always taxes? When does a statute granting powers to the president go too far? These are some of the questions the Supreme Court will address in two consolidated tariffs cases: Learning Resources, Inc v. Trump and Trump v. V.O.S. Selections. This...
No Emergency Powers in the Constitution

No Emergency Powers in the Constitution

by Jacob Hornberger | Mar 14, 2024 | Founding Principles

It has become an article of faith that under our system of government, federal officials can declare an emergency, which then purportedly authorizes federal officials to exercise emergency powers. However, it just ain’t so. There is nothing in the Constitution that...
We’ve Already Got a Dictator-in-Chief: How Absolute Power Corrupted the President

We’ve Already Got a Dictator-in-Chief: How Absolute Power Corrupted the President

by John Whitehead | Dec 13, 2023 | Executive Power

Once a dictator, always a dictator. Power-hungry, lawless and steadfast in its pursuit of authoritarian powers, the government does not voluntarily relinquish those powers once it acquires, uses and inevitably abuses them. Likewise, any presidential candidate...
Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers

Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers

by John Whitehead | Mar 27, 2020 | Current Events

“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on....
Can Congress Amend the Constitution?

Can Congress Amend the Constitution?

by Judge Andrew Napolitano | Mar 14, 2019 | Congress, Current Events, Executive Power

“Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government...
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