From American Enterprise Institute <[email protected]>
Subject The Meaning of the Tariff Decision
Date February 28, 2026 12:07 PM
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AEI This Week

AEI's weekly digest of top commentary and scholarship on the issues that matter most

A VICTORY FOR CONGRESS

The Meaning of the Tariff Decision

February 28, 2026

On February 20, the Supreme Court ruled that the Trump administration had no authority to impose tariffs using the unbounded authority it had claimed from the International Emergency Economic Powers Act of 1977. AEI’s premier congressional and separation of powers expert Philip Wallach, author of Why Congress, explains ([link removed] ) why the ruling is an important step toward redressing the imbalance between executive and legislative power.

trump-tariffs-supreme-court-1120x650 ([link removed] )

The court did not address the remedy for unlawfully collected tariffs, which amount to somewhere between $130 and $175 billion. AEI legal scholar and Harvard law professor Jack Goldsmith, whose own work was cited by the Court, breaks down the complicated legal battle over refunds with Matthew Seligman, a legal scholar involved in this litigation. Read a transcript of their conversation ([link removed] ) or listen to their podcast ([link removed] ) while you are out and about this weekend.

After this legal setback, Tuesday’s State of the Union address could have been an opportunity for President Trump to reset his administration’s priorities. However, Social, Cultural, and Constitutional Studies Director Yuval Levin observes ([link removed] ) that the president’s speech instead revealed an absence of a legislative agenda for the next three years.

Democrats at the state level continue to pursue destructive and unpopular ideas. California is considering a onetime retroactive 5 percent tax on billionaires' net worth. Writing in The Wall Street Journal, Philip Hamburger argues ([link removed] ) that this constitutes an unconstitutional taking contrary to the Fifth and 14th Amendments.

Between 2017 and 2025, at least 122 pilot programs tested guaranteed basic incomes in 33 states and the District of Columbia—allocating $481 million in payments to more than 40,000 recipients. In a new AEI Center on Opportunity and Social Mobility working paper, COSM Deputy Director Kevin Corinth and Hannah Mayhew assess ([link removed] ) the findings and limitations of these studies.

Fault Lines in the Horn of Africa: The Gulf States, Turkey, and Israel Battle for Red Sea Influence

The Gulf states, Turkey, and Israel have become increasingly involved in the Horn of Africa, polarizing the region into two antagonistic coalitions and increasing the risk of full-blown proxy war. In a new AEI report, Critical Threats Project Africa experts Liam Karr and Michael DeAngelo provide ([link removed] ) a comprehensive look at the battle for influence in this region. Using open-source intelligence and analysis, the authors map the relationships between these middle powers and their regional partners and the impact on ongoing conflicts in Sudan and Ethiopia. Karr and DeAngelo argue that the US cannot allow a proxy war to unfold between our Red Sea partners and highlight opportunities for the US to mediate the crisis before it gets out of hand.

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PODCASTS AND VIDEOS

The Art of Civil Discourse ([link removed] )

Robert P. George | Deseret Voices

Talking Banfield ([link removed] )

Kevin R. Kosar | Bet on It

Can You Tariff a Vibe Shift? ([link removed] )

John Yoo et al. | 3 Whisky Happy Hour

Charlie Brown on Supporting Civic Life in Rural and Small-Town America ([link removed] )

Daniel Stid and Charlie Brown | The Art of Association

Social Media on Trial ([link removed] )

Clay Calvert | Tech Policy Podcast

QUOTE OF THE WEEK

Mr. Trump is doubling down on executive power just as the Supreme Court is rebuking him. Ironic: The great legacy of his first term—a conservative Supreme Court—has constrained his reach for a trade legacy in this one. It’s a reminder that shaping institutions is more consequential than issuing proclamations.

—Matthew Continetti ([link removed] )

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