Alas, There Will Be More Tariffs to Come |
"Held: IEEPA does not authorize the President to impose tariffs."
That is what the Supreme Court found in today's ruling. It's a glorious statement -- but hardly glorious enough.
To truly rein in Trump's taxing by executive fiat, the Court should have looked beyond the statutory question of whether Congress meant to delegate tariff power in the 1977 IEEPA law -- which it most certainly did not, so kudos for making the right call there. It should have revived the long-dormant nondelegation doctrine, ruling that Congress cannot, under the Constitution, surrender its enumerated powers to the president, even when it wants to.