Uncategorized

Tariffs, Time, and the Constitution

February 25, 2026
Welcome to The Lighthouse, the weekly email newsletter of the Independent Institute covering politics, economics, current events, and everything in between.
Dear Readers,

This week’s lineup arrives in the wake of a major Supreme Court decision striking down portions of the Trump administration’s tariff actions. Independent’s contribution started last April with the Anti-Tariff Declaration, which has been signed by many respected economists, renowned policy experts, and influential business leaders. Over the summer, we joined the Americans Advancing Freedom (AAF) and a broad coalition in submitting an amicus curiae brief in the critical case challenging the constitutionality of the administration’s “Liberation Day” tariffs. Our brief argued that these tariffs, implemented by executive order, represented an unconstitutional usurpation of Congress’s power and harmed American businesses.

On Friday, the Supreme Court agreed.

In a new episode of Independent Conversations, Senior Fellow and David J. Theroux Chair Phillip W. Magness shares the backstory of the win and the role Independent played specifically. Magness is one of a key handful of people who got the ball rolling on this case.

Following this, Tarnell Brown examines why the administration’s attempt to eliminate the de minimis exemption represented an unlawful expansion of presidential power.

Caleb Petitt unpacks the uncertainty now facing importers, refunds, and existing trade deals.

Jane Shaw Stroup widens the lens, arguing that the Court’s ruling is a reminder of how protectionism threatens the global economic gains made possible by decades of low trade barriers.

Beyond trade, Scott Beyer highlights how cities that pair public‑order enforcement with accountability‑based services and abundant housing supply are making the most meaningful progress on homelessness.

Allen Gindler reflects on the public’s indifference to “Gulf of America Day,” interpreting it as part of a broader backlash against Trump‑era theatrics and political excess.

And finally, Caleb Petitt returns to challenge a recent claim in The Economist that Adam Smith would have supported the Jones Act. Petitt shows why Smith’s nuanced skepticism toward the Navigation Acts actually points in the opposite direction.

Enjoy.

Jonathan Hofer
Managing Editor

Top picks this week

VIDEO

Slaying Tariffs

From Declaration to Supreme Court Victory

The U.S. Supreme Court has invalidated President Trump’s use of the International Emergency Economic Powers Act of 1977 to implement tariffs. What does the Court’s ruling mean? And what’s next for tariffs, and for presidential powers more generally?
Watch Now

Tariffs, Time, and the Constitution

Executive overreach, trade law, and the challenge of accountability over time.

by Tarnell Brown

Trump’s latest tariff gambits manage to defy economic logic, statutory limits, and constitutional structure all at once—and that makes them unusually useful as case studies in how not to govern trade.
Read More

Supreme Court Strikes Down “Liberation Day” Tariffs

Justices curb presidential tariff power, leaving refunds and deals uncertain.

by Caleb Petitt

While the war over tariffs is not over, those who love liberty and free trade can celebrate the crucial step towards victory taken last Friday.
Read More

After the Court’s Ruling, a Reminder of What Tariffs Threaten

The world’s post-1950 economic revolution was built on low barriers and cheap movement.

by Jane Shaw Stroup

The stakes are high. Tariffs jeopardize worldwide prosperity.
Read More

Which US Cities Are Solving Homelessness?

The cities that get homelessness wrong grab all the headlines. Less discussed are those getting it right.

by Scott Beyer

Cities that facilitate construction, offer supportive housing, and encourage the homeless to seek help may not fully solve the issue—but they understand it better.
Read More

We Forgot to Celebrate

Why the forgotten ‘Gulf of America Day’ marks a shift from enthusiasm to irritation.

by Allen Gindler

Last year’s proclamation clearly urged public officials and U.S. citizens to observe Gulf of America Day “with appropriate programs, ceremonies, and activities.” However, I found no evidence of any meaningful public observances taking place. Why not?
Read More

Would Adam Smith Support the Jones Act?

Why The Economist is wrong about Smith’s stance on protectionist maritime laws.

by Caleb Petitt

Adam Smith’s nuanced and largely critical views of the British Navigation Acts run counter to the American Jones Act’s high costs and poor outcomes.
Read More

FEATURED BOOK

The Independent Guide to the Constitution

Original Intentions, Modern Inventions

by William J. Watkins, Jr.

Drawing on a lifetime of experience in the law—as prosecutor, defense attorney, and constitutional scholar—William J. Watkins, Jr., offers a bold, independent examination of the most important legal document in modern history.
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