Trump Orders New 10 Percent 'Global Tariff' After Supreme Court's Rebuke
The new tariff will be implemented under a 1974 law that gives the president authority to impose tariffs for up to 150 days.
Executive Power
"The Day Will Come When Those Disappointed by Today's Result" as to Tariffs …
"will appreciate the legislative process for the bulwark of liberty it is."
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
Supreme Court Decides Our Tariff Case - and We Won!
In a 6-3 decision, the Court ruled that the International Emergency Economic Powers Act does not authorize tariffs.
Trump Imposed 39 Percent 'Emergency' Tariffs When Switzerland Hurt His Feelings
The story is an exercise in pettiness but also a perfect reason why Congress and the Supreme Court should limit the president's power grab.
Libertarians Tried To Warn You About Executive Power
Plus: Speaker of the House Mike Johnson embraces warrantless ICE searches, the Super Bowl halftime culture war, and Trump continues funding the Department of Education
Donald Trump Makes the Case for Decentralized Control of Elections Great Again
Trump's call to "nationalize elections" leads prominent election law scholar Rick Hasen to reverse his longstanding support for such a policy.
American Presidents Shouldn't Endorse Foreign Political Candidates
Trump's endorsements of Viktor Orbán and Sanae Takaichi, like Clinton's support for Boris Yeltsin or Obama's opposition to Benjamin Netanyahu, do not make America great.
Free Nations Don't Have To Care About the Whims of Elected Officials
Limited government means those in power can do limited damage to the rest of us.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
Mike Johnson Says He Has 'No Intention' of Letting Congress Vote on Trump's Tariffs
A House rule prohibiting tariff resolutions from coming to the floor will expire at the end of the month and is unlikely to be renewed.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Trump's War on Interest Rates
No one likes high interest rates on credit cards and loans, but artificially lowering interest rates via executive power is not a solution.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1989 to 2009
Presidential non-acquiescence in Humphrey's Executor from 1989 to 2009.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989
Humphrey's Executor from 1969 to 1989.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969
Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1933 to 1945
President Franklin D. Roosevelt did his best to defend presidential removal power at will notwithstanding the Supreme Court’s lawless decision in Humphrey’s Executor v. United States.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1921 to 1933
Every President from 1921 to 1933 successfully defended presidential removal power at will.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
Why the DOJ Has Stopped Describing Maduro as the Head of a Literal Drug Cartel
That embarrassing mistake highlights the slipperiness of Trump's attempts to justify legally dubious policies by invoking the specter of "foreign terrorist organizations."
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921
Every president from 1901 to 1921 successfully defended presidential removal power at will.
The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War
If an indictment is enough to justify military action, why bother seeking congressional approval?
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901
Every president from 1881 to 1901 successfully defended presidential at-will removal power.
Congressional Acquiescence Facilitates Executive Branch Military Adventurism
Here as elsewhere, lethargy in the legislature is no way to counter execss energy in the executive.
Thoughts on the Capture of Maduro and Trump's Attack on Venezuela
Maduro is a brutal dictator who is getting what he deserves. But Trump's actions are still illegal, because lacking proper congressional authorization. Whether they result in a beneficial regime change in Venezuela remains to be seen.
3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025
The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.
Cato Institute Looking to Hire an Executive Power Scholar
An opportunity to work at the nation's leading libertarian think tank.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
Refusing To Let Trump Deploy the National Guard in Chicago, SCOTUS Adds a New Wrinkle To the Debate
The justices suggested the president is misinterpreting "the regular forces," a key phrase in the statute on which he is relying.
Mamdani Needs a Maximalist Vision of Mayoral Power To Achieve His Goals. Lina Khan Has a Plan.
As one of Mamdani's top advisers, Khan has been making a list of all the "authorities that the mayor can unilaterally deploy."
Trump's Cruel and Illegal Expanded Travel Ban
A recent White House proclamation further expands his previous travel bans, to the point of barring nearly all legal migration from some 40 countries. Legally, it further underscores that Trump is claiming virtually unlimited executive power to restrict immigration,a claim that runs afoul of the nondelegation doctrine.
A Judicial Solution for Presidential Overreach and Congressional Abdication
The Supreme Court should take a page from its own history.
Some Answers to Justice Barrett's Questions in Trump v. Slaughter
Why the Executive Power Vesting clause of Article II compels a holding that the President has the power to remove Federal Trade Commissioner Rebecca Kelly Slaughter.
SCOTUS Sounds Ready To Let Trump Fire FTC Commissioner Rebecca Slaughter
Plus: It's the final day of Reason's webathon.
D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members
On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.
McCarthy: "'We Intended the Strike to Be Lethal' Is Not a Defense"
NRO's Andrew McCarthy on why strike on defenseless survivors of strike on drug boat was "at best, a war crime under federal law."
Mike Johnson Wanted Congress To Reclaim Power Over Tariffs—in 2019
Now, under Johnson's leadership, the House has changed its rules to make it even harder for lawmakers to signal their opposition to Trump's tariffs.
Trump's Venezuela Escalation Could Destroy MAGA, Warns Rand Paul
Blowing up boats won’t stop drugs—but it could sink Trump.
Rand Paul: Congress Is 'Afraid of the President'
Sen. Rand Paul explains why he wants the Epstein files released, lays out his case against Trump’s tariffs and military strikes in Venezuela, and argues that he and Rep. Thomas Massie are the last voices in Congress still committed to libertarian ideals.
The 'Emergency' That Demanded Huge Tariffs on Swiss Imports Is Now Over. So What Was the Emergency?
Trump's decision to reduce the tariffs on Swiss goods came just days after a Swiss delegation lavished the president with a variety of expensive gifts.
Less Indictable Than a Ham Sandwich
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
The Alien Enemies Act and the Major Questions Doctrine
The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.
This Foreign Policy Precedent Might Aid Trump's Tariffs at SCOTUS
For the justices, the question is just how much deference the president deserves.
