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The Lawfare Podcast
Lawfare Daily: Trump’s Tariffs and the Law
Feb 27, 2025
Kathleen Claussen, a Georgetown law professor specializing in international economic law, joins Peter Harrell, a contributing editor and senior fellow at the Carnegie Endowment, to navigate the tumultuous world of presidential tariffs. They delve into the legal frameworks that underlie Trump’s tariff strategies, particularly the International Emergency Economic Powers Act. The discussion highlights shifts in U.S. trade policy, potential judicial challenges, and the implications for global relations, making it clear that the future of American trade is anything but certain.
45:15
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Quick takeaways
- The Trump administration's use of tariffs marks a significant shift in U.S. trade policy, leveraging Cold War-era authorities for national security.
- The aggressive imposition of tariffs has escalated tensions with key trading partners like China, Canada, and Mexico, potentially inviting retaliation.
Deep dives
Increase in Tariff Authority and Strategy
The episode highlights the significant increase in presidential tariff authority, specifically how recent actions have leveraged Cold War-era delegations to impose tariffs for national security and economic interests. The approach contrasts sharply with a long-standing trend of decreasing tariffs over the previous 30 years, marking a dramatic shift in U.S. trade policy. The current administration's strategy employs tariffs not just as a tool for raising revenue but also as leverage in negotiating concessions from foreign partners. This dual approach is noted to create potential complexities in international relations and economic strategies moving forward.
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Discover
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Listen to the best highlights from the podcasts you love and dive into the full episode