… is from a document drafted in late 1825 by Thomas Jefferson for consideration by the Virginia General Assembly; Jefferson titled the document “The solemn Declaration and Protest of the commonwealth of Virginia on the principles of the Constitution of the US. of America & on the violations of them.” Jefferson shared this document with James Madison in a letter dated December 24, 1825:
This assembly does further disavow, and declare to be most false and unfounded, the doctrine, that the compact, in authorising its federal branch to lay and collect taxes duties, imposts and excises to pay the debts and provide for the common defence and general welfare of the US. has given them thereby a power to do whatever they may think, or pretend, would promote the general welfare, which construction would make that, of itself, a complete government, without limitation of powers; but that the plain sense and obvious meaning was that they might levy the taxes necessary to provide for the general welfare by the various acts of power therein specified and delegated to them, and by no others.
DBx: A government constrained by the rule of law cannot possess unlimited power to decide on the lawfulness of its own actions; that power must be severely constrained. In the United States, Congress’s power to act is constrained by voters and, more importantly, by the Constitution. It follows that Congress cannot lawfully delegate to the executive branch any powers that it, Congress, doesn’t Constitutionally possess.
Thomas Jefferson likely would regard Trump’s tariffs as unconstitutional even if these measures were enacted by Congress. The fact that these measures are imposed instead by the arbitrary decree of the executive branch – allegedly on the grounds Congress has delegated such expansive powers to the president – would surely be regarded by Jefferson (and, indeed, by every American founder including Alexander Hamilton) as a blatant violation of the U.S. Constitution. And yet too few Americans today are sufficiently alarmed at Trump’s utter disregard for the Constitution and for Congressional intent.
He conducts trade ‘policy’ as if he’s an all-powerful monarch. And many Americans cheer.
