On episode 80 of The Charles C. W. Cooke Podcast, I talked to Molly Nixon, a separation of powers attorney at the Pacific Legal Foundation, about whether the delegation of the tariff power is constitutional. Why do we accept Congress giving this power away when we wouldn’t accept Congress giving away the authority to set tax rates? When did this start? What are the main laws that Congress has written that achieve it? Can this be reversed? What would it take for Congress to take back control? Can the Supreme Court help?

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