The McCarthy Report Episode 318: SCOTUS Takes on the Tariffs
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Nov 7, 2025 This discussion dives into the Supreme Court's oral arguments on Trump's tariffs, revealing the implications for executive power and trade policy. The hosts explore the historical challenges of legislative oversight and how recent election outcomes reflect public backlash against lawfare. They also analyze Dick Cheney's legacy in national security and counterterrorism post-9/11. Plus, there’s insight into the potential for the Comey indictment to face statutory hurdles. Tune in for a thought-provoking conversation packed with legal and political analysis!
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Legislative Veto's Central Role In IEPA
- The IEPA was drafted assuming a legislative veto that Congress could use to claw back presidential power.
- Chada invalidated one-house vetoes and Congress later rewrote IEPA into a joint resolution, worsening the separation-of-powers problem.
Practical Limits On Reclaiming Delegated Power
- Justices worried that making Congress require presidential sign-off to claw back delegated power makes retraction impracticable.
- That impracticality cuts against effective congressional checks and shapes skeptical judicial views.
Why Tariffs Trigger Deeper Constitutional Scrutiny
- Textual arguments focused on whether 'regulate' and 'otherwise' encompass tariffs and revenue measures.
- Courts may treat tariffs as distinct because tariffs raise revenue, implicating core congressional powers.
