Presidential Tariff Powers and Constitutional Boundaries

Last Friday, the Federal Circuit Court of Appeals ruled that President Trump did not have the authority to issue emergency tariffs under the International Emergency Economic Powers Act (IEEPA), setting up a pivotal Supreme Court battle over the future of the policy tool.

Chad Squitieri, professor of law at the Catholic University of America, argues IEEPA’s grant to “regulate importation” clearly includes tariffs, while Peter Harrell, nonresident fellow at the Carnegie Endowment for International Peace, counters that Congress never intended such a blank check. Oren moderates their discussion on how the courts will read the statute and what the ruling will mean for the balance of power between Congress and the White House.

Further reading:

• “The President’s Authority to Impose Tariffs” by Chad Squitieri
• Amicus Brief for Congressional Democrats Opposed to IEEPA Tariffs, co-authored by Peter Harrell
• “Conflating Taxes With Tariffs: Clear Error in the Federal Circuit’s Tariff Opinion” by Chad Squitieri