Our hosts, law professor Ilan Wurman and Kathryn Johnson, take a deep dive into the Supreme Court's recent decision invalidating many of the Trump Tariffs enacted under IEEPA, the International Emergency Economic Powers Act. Are tariffs taxes? Or can they be used for regulatory purposes? Our hosts cover the question from the perspective of the American Revolution through the twentieth century. Putting the statutory question aside, what should we do now that the statute used to have a legislative veto, but such vetoes have been held to be unconstitutional? What about the nondelegation doctrine? The "Major Questions Doctrine"? Our hosts break it down. And are the three Democrat-appointed Justices hypocrites for ruling in favor of sweeping delegations to President Biden, but reading IEEPA narrowly? What's Gorsuch's beef with everyone? Finally, our hosts take a look at the origins of "originalism" and Jeffrey Toobin's NYT article about the American Constitution Society's radical plan to remake the Supreme Court. (Spoiler alert: there is no plan.)

Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED:  @RationallyBasedPodcast

New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

Follow us on social media on Instagram, X, Facebook, and TikTok