Last week, the U.S. Supreme Court reaffirmed one of the most enduring principles of our constitutional order: Power must be divided to preserve liberty.
In our recent case V.O.S. Selections, Inc. v. Trump, the justices confronted a question that goes back to the founding: Who decides? The Constitution assigns the power to tax and impose tariffs to Congress. The executive’s role is to enforce the law, not rewrite it. Whatever one’s views on trade policy, the court’s message was clear: Structure matters. When power concentrates in one branch, liberty is at risk.
That principle is not partisan. It is foundational.
As James Madison wrote in Federalist No. 51, “Ambition must be made to counteract ambition.” The framers divided authority not because they distrusted one leader or party but because they understood human nature. Checks and balances protect us all — especially when we disagree with the person in power…
Continue reading this commentary on the Chicago Tribune website here (access limited to subscribers only).
Home > Sara Albrecht: What Chicago Can Learn About the Separation of Powers from the Supreme Court Tariff Ruling
Sara Albrecht: What Chicago Can Learn About the Separation of Powers from the Supreme Court Tariff Ruling
By Sara Albrecht | February 23, 2026
(Chicago Tribune: Commentary)
Last week, the U.S. Supreme Court reaffirmed one of the most enduring principles of our constitutional order: Power must be divided to preserve liberty.
In our recent case V.O.S. Selections, Inc. v. Trump, the justices confronted a question that goes back to the founding: Who decides? The Constitution assigns the power to tax and impose tariffs to Congress. The executive’s role is to enforce the law, not rewrite it. Whatever one’s views on trade policy, the court’s message was clear: Structure matters. When power concentrates in one branch, liberty is at risk.
That principle is not partisan. It is foundational.
As James Madison wrote in Federalist No. 51, “Ambition must be made to counteract ambition.” The framers divided authority not because they distrusted one leader or party but because they understood human nature. Checks and balances protect us all — especially when we disagree with the person in power…
Continue reading this commentary on the Chicago Tribune website here (access limited to subscribers only).