Title: Trump, Trade and National Security: Will Federal Courts Rein in the President?
Abstract: Ever since the inauguration of President Trump, I have written about President Trump’s trade policy. In part, I have focused on the president’s reliance on federal statutes. Especially those delegating congressional authority to him to take trade actions that rely upon his sole discretionary determinations of national security risks or national emergencies.
We are now at a point where federal courts in the United States, the largest economy in the world, have been asked to review the validity of presidential trade actions. Specifically, the central legality of the broad delegation of congressional trade authority that has occurred over the last 75 years.
While it is always dangerous to predict how a federal court or the Supreme Court will decide a case, I predict the federal courts will uphold the separation of powers in the face of the outrageous and unprecedented onslaught of presidential tariff and trade actions by a president relying upon dubious claims of national security and national emergency. Personal gripes can never be a basis for trade policy. My guess is that this will come from the steel importers’ case concerning Section 232.
Publication Year: 2019
Publication Date: 2019-09-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot