We the People
Do the Trump Tariffs Violate the Constitution?
Apr 11, 2025
Steven Calabresi, a law professor and co-founder of the Federalist Society, joins Samuel Estreicher, a public law expert, to dissect the constitutionality of President Trump's tariffs. They delve into the complexities of executive power, examining historical precedents and legal frameworks like the International Emergency Economic Powers Act. The discussion highlights the critical need for congressional oversight and warns against the dangers of unchecked presidential authority in trade policy, raising pertinent questions about democracy and representation.
56:39
Episode guests
AI Summary
AI Chapters
Episode notes
Podcast summary created with Snipd AI
Quick takeaways
- The constitutional authority for imposing tariffs primarily resides with Congress, emphasizing the necessity of legislative backing for significant trade changes.
- The application of the National Emergencies Act to justify tariffs raises legal concerns about executive overreach and the need for clear congressional guidelines.
Deep dives
Constitutional Authority Over Tariffs
The imposition of tariffs fundamentally raises questions about the constitutional authority granted to Congress. The Constitution explicitly gives Congress the power to regulate commerce with foreign nations and to impose taxes, which includes tariffs. Legal scholars argue that President Trump's tariffs lack statutory authorization because they are not supported by explicit congressional legislation. This argument highlights the importance of Congress's role in the legislative process concerning trade and tariffs, emphasizing that any substantial changes should require legislative backing.
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
