The Ayn Rand Institute Podcast Trump’s Un-American, Unconstitutional Tariff Scheme
Nov 19, 2025
Ben Bayer, a senior fellow and constitutional law expert, dives deep into the complexities of Trump's controversial tariffs. He discusses how these tariffs undermine the rule of law and challenge the separation of powers. Bayer critiques the administration's argument that tariffs aren’t taxes and examines the implications of delegating such powers to the president. He highlights the potential consequences for small businesses and advocates for a narrow judicial response. Bayer also emphasizes the philosophical stakes connecting objective law to individual liberty.
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Tariffs Triggered Nationwide Legal Challenge
- President Trump's April 2 tariffs used IEEPA to impose a 10% baseline on all imports, hitting small import-dependent businesses hard.
- Learning Resources and U.S. selections challenged the tariffs, leading to consolidated Supreme Court review in Learning Resources v. Trump.
Tariffs Function As Taxes Under Constitution
- Petitioners argue IEEPA does not grant power to impose tariffs because the statute lacks the words "tax" or "tariff."
- They stress a tariff functions as a tax and Article I assigns taxing power exclusively to Congress.
Regulation vs. Taxation Claim Falters
- Government calls these "regulatory tariffs," claiming incidental revenue is not taxation.
- Ben Bayer rebuts that President Trump's public statements show intent to raise revenue, undermining that distinction.
