Lawfare 04.18.2025
Lawfare: The Constitutional Case Against Trump’s Trade War
“The enormous scale of Trump’s power grab runs afoul of even the most modest nondelegation constraints. If long-standing and perfectly normal bilateral trade deficits qualify as an “emergency” and an “unusual and extraordinary threat,” the same can be said of virtually anything. The president would have the power to impose tariffs of any magnitude on any country for any reason, any time he wants. If that does not violate constitutional constraints on delegation, nothing does. That might be acceptable to those who believe there are no limits on delegation whatsoever. But both liberal and conservative Supreme Court justices have rejected that extreme view.” – Ilya Somin