Cato Daily Podcast
A Lawsuit to End 'Liberation Day' Tariffs
Apr 16, 2025
Ilya Somin, B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute and a law professor at George Mason University, dives into the contentious 'Liberation Day' tariffs. He explains their shaky legal foundation, using emergency powers without proper context. The discussion highlights the constitutional implications of delegating authority from Congress and the challenges posed during national emergencies. Somin also explores a lawsuit aimed at these tariffs, showcasing a rare cross-ideological alliance against trade measures.
11:18
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Quick takeaways
- The legal challenge against the 'Liberation Day' tariffs highlights the ambiguity in using emergency powers that lack congressional authorization.
- The potential economic impact of the tariffs raises significant constitutional questions about the balance of power between Congress and the executive branch.
Deep dives
Constitutional Concerns of the Trump Tariffs
The Trump tariffs, initiated through extensive delegations of authority from Congress, raise significant constitutional issues, particularly surrounding the International Emergency Economic Powers Act (IEEPA) of 1977. Critics argue that the act does not explicitly authorize tariffs, as the term is not mentioned, and that past presidents have not utilized it in this manner. Furthermore, the basis for claiming an emergency to impose tariffs is questioned, as long-standing trade deficits with various countries do not constitute an unusual or extraordinary threat. This ongoing debate emphasizes the ambiguity of using such emergency powers and the implications this may have for congressional authority.
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