The Necessary and Proper Clause
-
RE: TRUMP’S TARIFFS
In the arguments before the United States Supreme Court last Wednesday, counsel for President Trump defended the tariffs the President imposed under the International Emergency Economic Powers Act (the IEEPA) on the ground that statute did authorize the Presidential imposition of tariffs whenever a ‘‘national emergency’’ is declared by the President himself. (Citing 50 U.S.C. Continue reading
-
RE: ILLEGAL TARIFFS
The International Emergency Economic Powers Enhancement Act (the “IEEPA”) ostensibly authorizes the President of the United States to “regulate” the “importation” of goods from foreign countries. See 50 U.S.C. § 1702(a)(1)(B). Under the IEEPA, the President may issue “regulations” governing the importation of goods whenever he or she declares that a “national emergency,” emanating from Continue reading
-
RE: THE POWER TO TAX
Federal Communications Commission v. Consumers’ Research, Sup. Ct. Docket No. 24-354. The Telecommunications Act of 1996 authorizes the Federal Communications Commission (the “FCC”) to fund its programs by charging “every telecommunications carrier” operating in interstate commerce an “equitable and nondiscriminatory” but otherwise unspecified amount of money. 47 U.S.C. §§ 254(b)(4) and 254(d). Those provisions clearly Continue reading
CONSTITUTIONAL INTERPRETATIONS 