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Trump's tariffs vs. the U.S. Constitution

May 30, 2025
Ilya Somin, a law professor at George Mason University and a key figure in challenging Trump's tariffs at the International Trade Court, dives into the constitutional implications of these tariffs. He discusses the recent ruling that deemed many tariffs unconstitutional and what this means for presidential power. Somin critiques the dubious justifications for tariffs and calls for clearer definitions of emergencies in trade policy, while exploring the potential future of this legal battle as it may reach the Supreme Court.
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ANECDOTE

Winning Court Case Moment

  • Ilya Somin was picking up his son when he learned his court case won against Trump's tariffs.
  • He quickly checked the decision and felt relief as nearly all tariffs were declared illegal.
INSIGHT

Constitution Limits Tariff Power

  • The U.S. Constitution grants Congress exclusive rights to impose tariffs, not the president.
  • Giving the president broad tariff powers contradicts constitutional limits on taxation authority.
INSIGHT

Trade Deficits Not Emergencies

  • Trade deficits aren’t emergencies or threats, economists consider them normal economic features.
  • Tariffs based on trade deficits misuse the emergency powers and lack constitutional justification.
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