Episode 5 | Taxes, Tariffs, and Hypocrites

rationally BASED · Feb 26, 2026 · 1h 6m

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…