What Trump Can Teach Us About Con Law Smoot, Hawley, and Trump
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Sep 27, 2025 A Senate debate over a classic novel sparked a tariff crisis that echoes in today's political landscape. The hosts dissect how presidents have increasingly used emergency powers for trade, focusing on Trump's tariffs linked to fentanyl and trade deficits. They highlight the Supreme Court's fast-tracked case challenging these actions, questioning the balance of power between Congress and the presidency. The implications could reshape executive authority and connect to broader issues like student loan forgiveness and the major questions doctrine.
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Smoot, Smut, And Smoot-Hawley
- The 1930 Senate debate over Lady Chatterley's Lover energized coverage and illustrated cultural battles of the era.
- That same legislative fight tied into the broader Smoot-Hawley tariff bill that raised duties across 20,000 goods.
Article I Is Tariff Ground
- The Constitution gives Congress explicit power over tariffs and foreign commerce in Article I.
- Tariffs shifted from revenue tools to instruments of economic policy over time.
Smoot-Hawley’s Political Backlash
- The Smoot-Hawley Act provoked foreign retaliation and plunged trade during the Great Depression.
- Both Smoot and Hawley lost their seats after its economic fallout.
