{"podcast":{"title":"Consequential Actions Podcast","slug":"consequential-actions-podcast-7101158","podcast_index_feed_id":7101158,"rss_url":"https://api.substack.com/feed/podcast/465374/s/4746.rss","website_url":"https://jeffkellick.substack.com/s/consequential-actions-podcast","image_url":"https://substackcdn.com/feed/podcast/465374/s/4746/89d62bf29b5f4bd7e0065e8d1dd33837.jpg","author":"Jeff Kellick","episode_count":110,"summary":"A discussion on the decisions that impact security, technology, and the economy.","last_synced_at":"2026-09-06T20:17:46.793969+00:00","page_url":"https://stenobird.com/podcast/consequential-actions-podcast-7101158"},"episode":{"title":"A Tax Expired at Midnight. Another Took Its Place in the Same Minute.","slug":"a-tax-expired-at-midnight-another-took-its-place-in-the-same-minute","published_at":"2026-09-01T21:30:50+00:00","page_url":"https://stenobird.com/podcast/consequential-actions-podcast-7101158/a-tax-expired-at-midnight-another-took-its-place-in-the-same-minute","show_page_url":"https://stenobird.com/podcast/consequential-actions-podcast-7101158","url":"https://jeffkellick.substack.com/p/a-tax-expired-at-midnight-another","audio_url":"https://api.substack.com/feed/podcast/213769820/6cc967db8a1488baab8900bd370fb5d3.mp3","summary":"Learning Resources v. Trump, Section 122, and the 1689 Bill of Rights: How the Taxing Power Left Congress At one minute past midnight on July 24, 2026, a tax on most of what Americans buy from abroad stopped existing. No bill passed either chamber. No president signed anything. The authority simply reached the end of a sentence written into a statute in 1974 and expired. In the same minute a different tax took its place, at roughly the same rate, on roughly the same goods, paid by the same importers at the same ports. What changed was the statutory citation in the corner of the form, and one thing no announcement mentioned: the old tax had a deadline that put the question back to Congress, and the new one has a deadline that puts the question to a federal agency and to the industries that benefit from it. Five months earlier the Supreme Court had told the President he could not impose those tariffs. Learning Resources, Inc. v. Trump came down six to three on February 20, 2026, written by the Chief Justice, resting on Article I and on Chief Justice Marshall’s proposition in Gibbons v. Ogden that a tariff is a branch of the taxing power. The President obeyed. Customs and Border Protection has since reported roughly $128.6 billion in potential and certified refunds accepted for processing. That compliance is the most important fact in this episode, and it is stated first, because a government that gives money back when a court tells it to is doing something most governments in most centuries would not have done. Then, within hours, came Proclamation 11012 under Section 122 of the Trade Act of 1974, a ten percent surcharge with a hard statutory ceiling of fifteen percent and a hard limit of 150 days. That clock ran out on July 24. And in the same minute, a Section 301 acti…","meta_description":"Learning Resources v. Trump, Section 122, and the 1689 Bill of Rights: How the Taxing Power Left Congress At one minute past midnight on July 24, 2026, a…","key_points":[],"chapters":[],"topics":[],"duration_seconds":3725,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/consequential-actions-podcast-7101158/episodes/a-tax-expired-at-midnight-another-took-its-place-in-the-same-minute/transcription-requests","description":"Idempotently request low-priority transcript generation for this episode."},{"name":"read_markdown","method":"GET","url":"https://stenobird.com/podcast/consequential-actions-podcast-7101158/a-tax-expired-at-midnight-another-took-its-place-in-the-same-minute.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}