Historic Supreme Courts--Tariffs, Episode 1: John Marshall vs. Trump’s Tariffs: The Unexpected Verdict

This episode examines whether the early 19th‑century Marshall Court would strike down Donald Trump’s tariffs. Drawing on McCulloch, Gibbons, and cases about conditional legislation, it argues the Court would likely uphold congressional tariff power and the president’s delegated authority.

Ultimately, the Marshall Court’s emphasis on national unity, broad federal commerce power, and deference in political and foreign‑affairs questions suggests it would leave tariff policy to Congress and the executive rather than the judiciary.