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What Trump Can Teach Us About Con Law

Smoot, Hawley, and Trump

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 27 September 2025

⏱️ 33 minutes

🧾️ Download transcript

Summary

A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade.

Transcript

Click on a timestamp to play from that location

0:00.0

It is Tuesday, September 23rd, 10.40 a.m. as we are recording this, what are we going to be talking about today?

0:07.8

All right, Roman, today let's start with the opening lines of a novel. So here goes.

0:13.1

Ours is essentially a tragic age, so we refuse to take it tragically. The cataclysm has happened. We are among the ruins. We start to build up new

0:23.3

little habits to have new little hopes. So, Roman, are you familiar with the novel Lady Chatterley's Lever?

0:31.2

No. Okay. Well, if you've never read it, Lady Chatterley's Lever is a novel written by the British author David Herbert Lawrence in 1928.

0:41.2

D.H. Lawrence. Right. And the plot revolves around an affair between an upper-class woman, Lady Chatterley, and a working-class man, Oliver Miller's, her gamekeeper. So despite the abstract nature of the beginning of the novel,

0:56.1

it's a very sexually explicit novel. Of the things I know, that's what I know.

1:01.5

You're right. And it's controversial for that explicitness. Lady Chatterley's Lever was subjected to

1:07.0

bans in different countries for being indecent or obscene. And in fact, British readers

1:12.5

could not actually buy the novel legally until 1960, at which point it became a bestseller

1:18.7

and remains an influential work of literature. And it also became the subject of heated debate

1:25.0

on the floor of the U.S. Senate in March of 1930.

1:29.1

The question was, how obscene was this book? And in the eyes of some senators, very.

1:37.1

In fact, one senator stood on the Senate floor and stated that Lady Chatterley's lover was

1:42.2

so disgusting, so dirty, and vile, that the reading of

1:46.7

one page was enough for me. And the debate wasn't just about D.H. Lawrence's novel. The senator

1:53.0

targeted all so-called obscene books. He said, I want them all kept out. I want to say to the

1:59.9

senators now that a father of a child would never

2:03.1

want the child to see this obscene matter. They are disgusting. They are beastly. Beasley.

2:09.9

You see, the Senate was debating a proposed change to existing law, and federal law at the time

2:15.7

allowed customs officials to ban literature they considered

2:18.9

indecent or obscene from entering the country. Senator Bronson Cutting from New Mexico

...

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