The American Compass Podcast Are the Tariffs Constitutional? with Chad Squitieri and Peter Harrell
Sep 3, 2025
Chad Squitieri, a law professor at the Catholic University of America, discusses whether the International Emergency Economic Powers Act (IEEPA) grants the president authority to impose tariffs. In contrast, Peter Harrell, a fellow at the Carnegie Endowment for International Peace, argues this interpretation gives Congress a blank check it never intended. The conversation dives into the balance of power between Congress and the presidency, the constitutional implications of tariff authority, and the historical distinction between tariffs and embargoes.
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IEEPA's Text Could Cover Tariffs
- IEEPA's text empowers the president to "regulate importation," and historically tariffs are a recognized means of regulating commerce.
- Chad Squitieri argues that delegation to the president of that regulatory power can lawfully include imposing tariffs in emergencies.
History Shows Congress Delegates Tariffs Explicitly
- Peter Harrell contends historical practice and statutes show Congress explicitly delegates tariff powers when intended, making IEEPA's vague "regulate" an unlikely source for taxation authority.
- He warns reading "regulate" to include tariffs would be inconsistent with how Congress has structured other tariff delegations.
Export Tax Ban Undercuts Broad Reading
- The IEEPA pairs "importation" and "exportation," and export taxes are constitutionally barred.
- Harrell uses that proximity to argue against reading "regulate importation" to include a taxation power.