The United States Supreme Court has just performed an act so shocking, so constitutionally outrageous, that it may cause permanent injury to the modern political psyche. It has read the law.
Not skimmed it. Not waved it around at a rally. Not squinted at it through a haze of grievance and capital letters. Actually read it.
And in doing so, it committed the gravest sin imaginable in contemporary politics. It noticed that the word "tariffs" does not appear in a law being used to impose tariffs.
This has caused understandable distress. After all, the International Emergency Economic Powers Act sounds exactly like the sort of thing you would use if you wanted to do absolutely anything at all, simply by declaring an emergency. The clue is in the title. It contains the words "emergency" and "powers," which in modern political dialect translates roughly as "do what you like."
Unfortunately, the Court has now pointed out a tedious technicality. Tariffs are taxes. And under the US Constitution, taxes are the responsibility of Congress. This is not an obscure footnote or an interpretive flourish. It is the entire point of having a legislature.
The dissenting judges, to their credit, took a more modern and imaginative view of language. They essentially argued that when Congress authorised the president to "regulate" imports, it might well have meant "tax them arbitrarily, in unlimited amounts, for as long as he feels cross." This is a refreshingly creative approach to statutory interpretation, and one that could be usefully applied elsewhere. One imagines bank customers would be fascinated to learn that "account management" now includes confiscation.
But the majority remained stubbornly anchored in the dull world of words meaning what they say. Their ruling has now crystallised the law, which is deeply inconvenient. It means that presidents cannot simply rummage around in the constitutional toolbox, pick up the largest wrench labelled "emergency," and start swinging it at global trade.
Naturally, this has prompted howls of outrage from those who had grown accustomed to government by proclamation. They had assumed the presidency had evolved into something between a medieval monarch and a disappointed hotel manager, empowered to impose penalties on foreigners for failing to admire the curtains.
What makes this episode particularly instructive is that the Court’s conservative majority largely agreed with the liberal minority. This is deeply unsettling, because it suggests the decision was based not on tribal loyalty, but on law. And law, as we are increasingly discovering, is a profoundly unreliable instrument when your strategy depends on ignoring it.
The ruling does not mean tariffs are impossible. It merely means Congress must authorise them, which is where tariffs have always lived. This is rather like discovering that only the owner of a house can sell it, rather than a man who has loudly declared himself in charge of the neighbourhood.
In the end, nothing has changed, except one crucial thing. The emergency powers toolbox has been closed, labelled properly, and returned to its shelf. And somewhere, deep in the machinery of American government, a dusty and neglected concept has stirred briefly back to life.
























