Advisory Opinions Tariff-ic Meltdowns
27 snips
Jun 3, 2025 Dive into the turbulent world of Donald Trump's tariffs and the legal wrangling surrounding them. Explore the implications of recent court rulings and the complexities of presidential authority during economic emergencies. Tensions rise within conservative ranks, especially regarding judicial influence and the Federalist Society. The podcast also delves into immigration policy, uncovering the contrasting approaches of the Trump and Biden administrations. Plus, a refreshing discussion on changes in legal citation practices adds a unique touch!
AI Snips
Chapters
Books
Transcript
Episode notes
Legal Limits on Tariffs
- Major questions and non-delegation doctrines critically limit presidential powers on tariffs.
- Courts uniformly challenged Trump's tariffs as overreach under these doctrines.
IEPA Lacks Tariff Authority
- The International Emergency Economic Powers Act likely does not authorize tariffs.
- Constitutional tariff powers reside with Congress, not the president under IEPA.
Major Questions & Presidential Power
- Major questions doctrine's application to presidential power is unsettled.
- Agencies require clear delegation; presidents have inherent Article II powers complicating the doctrine's application.
