Cato Daily Podcast A Lawsuit to End 'Liberation Day' Tariffs
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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.
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IEPA Statute and Tariff Issues
- The 1977 IEPA statute used for tariffs does not mention tariffs nor has it been used previously for them.
- Its requirements include a national emergency and an extraordinary threat, neither of which apply to trade deficits.
Major Questions Doctrine Relevance
- The major questions doctrine requires clear congressional authorization for broad executive powers.
- The tariff issue is a significant case for this doctrine given the massive economic impact and unclear statutory basis.
Non-Delegation Doctrine Concerns
- Courts generally accept delegations so long as there's an intelligible principle guiding the executive.
- These tariffs represent an excessive delegation as they let the president impose any tariff anytime for almost any reason.