Planet Money Are Trump's tariffs legal?
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Jun 11, 2025 
Kathleen Clausen, a law professor at Georgetown and former trade lawyer, joins to discuss the controversial tariffs imposed by Trump. She examines the unusual legal theory underpinning these tariffs, which hinges on declaring national emergencies. Clausen explains the vital role of Congress in regulating tariffs and how the International Emergency Economic Powers Act is being used in unprecedented ways. The conversation also covers the ongoing legal challenges against these tariffs and what they mean for the future of trade law.
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Susan Weber's Tariff Lawsuit Story
- Susan Weber, a Montana state senator and Blackfeet Nation member, witnessed how Trump's tariffs hurt her community.
- She sued the federal government to challenge these tariffs, representing affected people of her tribe and region.
Presidential Tariff Power Explained
- Only Congress has constitutional authority to impose tariffs, but it delegates limited power to presidents under specific laws.
- These laws require investigations and are used sparingly for national security or unfair trade practice responses.
IEEPA's New Use for Tariffs
- Trump used the rarely-invoked International Emergency Economic Powers Act (IEEPA) to impose broad tariffs.
- This creative use of IEEPA surprised many trade lawyers as it was never used for tariffs before.