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The Lawfare Podcast

Lawfare Archive: Trade War Powers: Past, Present and Future

Feb 8, 2025
Kathleen Claussen, a trade law professor at the University of Miami, and Timothy Meyer, an expert at Vanderbilt Law School, dive into the intricacies of presidential trade powers. They examine the authority behind the Trump administration's tariffs on Canadian aluminum and discuss the legal frameworks involved. The conversation unfolds to explore the challenges of reforming trade laws and the future dynamics between Congress and the executive. They also touch on potential legislative changes and the need for bipartisan action in trade and climate policies.
55:39

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Quick takeaways

  • The Trump administration's use of Section 232 under the Trade Expansion Act has raised concerns about executive overreach and accountability in trade policy.
  • Historically, the balance of trade authority has shifted toward greater executive control, often undermining the constitutional role of Congress in foreign commerce.

Deep dives

Presidential Authority Over Trade Tariffs

The use of presidential authority under the Trade Expansion Act of 1962, particularly Section 232, allows the president to impose tariffs when imports threaten national security. This authority has faced scrutiny, especially during the Trump administration, which utilized it to address trade imbalances with various nations, including a notable reimposition of tariffs on aluminum from Canada. Critics argue that this broad delegation undermines Congress's role in trade policy, as it gives the executive branch significant unilateral power without sufficient oversight or accountability. The historical context reveals that while the president has negotiated trade agreements, the expansive interpretation of national security has allowed for actions that may not align with congressional intent.

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