Nov 15, 2025

Historic Supreme Courts--Tariffs: Episode 3: Lochner Court vs. Trump's Tariff Power: A Constitutional Knockout

This episode examines how the Lochner-era Supreme Court, committed to strict separation of powers and a narrow view of congressional delegation, would likely rule on President Trump’s tariffs imposed under Section 232. It explains the era’s focus on non-delegation, key precedents like Panama Refining and Schechter Poultry, and why broad national-security justifications for tariffs would be seen as unconstitutional lawmaking by the executive.

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