The Economics Show Are Trump’s tariffs legal? With Jennifer Hillman
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Oct 30, 2025 Jennifer Hillman, a law professor at Georgetown University and former WTO judge, dives deep into the controversial legalities surrounding Trump’s tariffs. She analyzes the power struggle between Congress and the President over trade regulations, reveals the historical roots of the International Emergency Economic Powers Act, and discusses how this case could reshape presidential authority. Hillman also warns about the risks of expanding national security claims, emphasizing how this could undermine global trade credibility.
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IEPA's Wording Is The Legal Battleground
- The core legal fight is whether the IEPA's phrase "regulate importation or exportation" authorises tariffs.
- That raises a deeper constitutional question about Congress's exclusive power to tax and regulate foreign commerce.
IEPA's Origins And Historical Use
- IEPA grew out of the Trading with the Enemy Act and historically authorised embargoes and sanctions, not tariffs.
- Jennifer Hillman highlights that in 50+ years IEPA was never used to impose tariffs before Trump's actions.
Novel Reading Vs Framers' Intent
- The Trump administration reads "regulate importation" to include tariffs, a novel interpretation.
- The constitutional framers, however, put tariff and foreign commerce powers squarely with Congress.