We the People Are Trump’s Tariffs Lawful?
Nov 7, 2025
In this discussion, Samuel Estreicher, a public law expert from NYU, and John Yoo, an authority on executive power from UC Berkeley, dive into the legality of Trump's tariffs. They analyze whether the International Emergency Economic Powers Act allows such extensive tariffs. The conversation touches on key legal concepts like the major questions doctrine and non-delegation concerns, highlighting the potential for the Supreme Court to strike down these tariffs. Insights into statutory dilemmas and alternative approaches are also shared.
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IEPA As An Unbounded Delegation
- Samuel Estreicher argues IEPA is an unbounded delegation that raises serious non-delegation concerns.
- He warns the statute lets a president act indefinitely with minimal congressional check unless Congress must override by veto-proof majority.
Two-Step Emergency Power Inquiry
- John Yoo stresses the threshold: first show an "unusual and extraordinary" threat, then ask what IEPA allows.
- He doubts the trade deficit qualifies as a sudden national emergency deserving deference.
Blocking Trade Implies Tariff Power
- John Yoo argues that IEPA's power to block or regulate imports logically includes imposing financial penalties.
- He cites Dames & Moore and historical practice as support for reading broad implied powers.
