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.

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.