Historic Supreme Courts--Tariffs, Episode 2: Taney, Tariffs, and the Limits of Judicial Power

This episode examines how the Taney Court, shaped by Jacksonian distrust of privilege and a preference for political branch decision-making, treated federal power over foreign commerce and tariffs. It argues that Taney would likely uphold modern, Congress-authorized tariffs—like those under Section 232—because he favored letting Congress and the president implement economic policy unless the Constitution clearly forbade it.

The episode also notes Taney's limits: he opposed executive action taken without clear congressional authorization, as in his clash with Lincoln. Overall, the Taney Court preferred stability and political solutions over aggressive judicial intervention in economic matters.