We the People Do the Trump Tariffs Violate the Constitution?
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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.
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Tariff Power
- President Trump's tariffs are unconstitutional because Congress holds the power to tax and regulate commerce.
- Trump claims an emergency, but the situation isn't unforeseen or urgent, as required by law.
Major Questions Doctrine
- Trump's tariffs violate the major questions doctrine requiring congressional approval for significant economic actions.
- The Supreme Court's recent decisions on climate change, COVID, and student loans support this view.
IEEPA and Delegation of Power
- The International Economic Emergency Powers Act (IEEPA) may be an unconstitutional delegation of authority to the president.
- The legislative veto's removal after the Chadha case leaves limited congressional checks on the president's actions.