Econception The Legal Standing of Trump’s Tariffs
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May 31, 2025 Dive into the legal landscape of Trump's tariffs, exploring a court ruling that branded them unconstitutional. Discover the tension between presidential emergency powers and Congress's authority in trade. Delve into how American universities rely on foreign students, revealing contradictions in policy. The discussion also touches on the surprising trade surplus in education amidst protectionist views. Finally, hear critiques of rent control, suggesting deregulation could benefit market dynamics and growth.
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Legal Limits on Tariffs
- Trump's tariffs were struck down because the emergency tariff authority used was unconstitutional.
- Courts require tariff powers to be clearly delegated by Congress with limits, not unlimited as Trump attempted.
Limits of Major Questions Doctrine
- The Major Questions Doctrine blocks vague laws from allowing huge policies without clear Congress approval.
- Unlimited tariffs on all countries violate this doctrine and are not constitutionally authorized.
Small Firms Defend Separation of Powers
- Big businesses tend to avoid challenging government actions to maintain good relationships.
- Libertarian public interest law firms often defend separation of powers by litigating on behalf of small businesses.